REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

of 27 April 2016

on the protection

What does “protection”
mean? Is it defined? Who is doing the protecting? What if the “protectors” are
destructive or dangerous? The word “protection” appears in the GDPR 293 times
but is not defined in “Article 4 Definitions For the purposes of this
Regulation.”

What does the
regulation even mean, if the concept of “protection” is undefined?

What kind of
“protection” is offered? The kind that the mafia offers: if you don’t want us
to beat you up, pay us x% to protect you from us beating you up? Is that the
kind of “protection” the EU parliament & council are talking about?

of natural persons

What is a natural
person? The word combination “natural person” occurs 132 times, but beyond the
parenthetical (‘data subject’), a natural person is not defined.

Just because
interpreters of the law may assume that they are natural persons, and that they
interact with natural persons, does not make such an assumption true. What
makes a person natural? What makes a person “unnatural?” Can a person with a
pacemaker be considered a “natural person?” Someone who has been exposed to
foods or medicines that alter DNA? Are such people still “natural persons?” Do
“natural persons” even exist, as such? If someone puts on make-up, is that
person still a “natural person?”

with regard to the processing

What does processing mean? Processing is
defined in Article 4 (Definitions). Processing appears to be able to mean: any
form of communication whatsoever.

Is this a global “gag order?”

You are not allowed to say anything to anyone?
Or is it that you are not allowed to say anything about anyone else? Or is it
that you are not allowed to say anything about anyone without their expressed
consent with regard to what you say about them?

In the event of criminal intent, wouldn’t
criminals seek to have disclosure about their activities curtailed?

of personal data

Personal data is defined, and is defined as “any
information relating to an identified or identifiable natural person (‘data
subject’)”

“any information?” seriously?

so, can I still legally say to my friend “gee,
I like Mary’s hair,” without asking Mary beforehand, if she gives me permission
to do so? If the GDPR only pertains to business interaction, what if I’m a hair
stylist by profession & would love to have Mary as a client?

Is “any information” to include things that
can be readily observed?

…already, just a few words into the GDPR, it
seems like the protection of criminality could very well result from the
regulation – along with the criminalization of normal, healthy human
communication.

Let’s say the personal data has been collected
through spying. Why is that data to be “protected?”

Is an underlying assumption of malice present?
What about a lack of malice?

and on the free movement of such data,

“free movement” as such, also appears to be
undefined. How can you guarantee “free movement” of anything without defining
“free movement?”

I found paragraph 19, where a connection is
made between “prevention of threats to public security” and the free movement
of data. OK – but what constitutes a threat to public security? What happens if
the governing authority threatens public security & safety?

and repealing Directive 95/46/EC (General Data
Protection Regulation)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the
European Union, and in particular Article 16 thereof,

Having regard to the proposal from the European
Commission,

After transmission of the draft legislative act to the
national parliaments,

Having regard to the opinion of the European Economic
and Social Committee (1),

The protection of natural persons in relation to the
processing of personal data is a fundamental right. Article 8(1) of the
Charter of Fundamental Rights of the European Union (the ‘Charter’) and
Article 16(1) of the Treaty on the Functioning of the European Union (TFEU)
provide that everyone has the right to the protection of personal data
concerning him or her.

OK, sounds reasonable so far, but
“protection” really does need to be defined.

(2)

The principles of, and rules on the protection of
natural persons with regard to the processing of their personal data should,
whatever their nationality or residence, respect their fundamental rights and
freedoms, in particular their right to the protection of personal data. This
Regulation is intended to contribute to the accomplishment of an area of
freedom, security and justice and of an economic union, to economic and
social progress, to the strengthening and the convergence of the economies
within the internal market, and to the well-being of natural persons.

How is the “well-being” of natural persons
defined? Is it defined by a governing authority? What if the governing
authority believes in overpopulation, and finds killing people to be an
effective means of population reduction? What if “the well-being of natural
persons” involves you or your children getting murdered?

How does that logic work? If you believe in
overpopulation, then you may believe that killing people contributes to the
well-being of the remaining natural persons.

Just because it’s insane, does not mean that insane, psychopathic people
won’t consider it “legal.”

(3)

Directive 95/46/EC of the European Parliament and of
the Council (4) seeks to harmonise the protection of fundamental rights and freedoms of
natural persons in respect of processing activities and to ensure the free
flow of personal data between Member States.

“processing activities”
includes “dissemination or otherwise making available.“
Excuse me but this apparently includes „speaking.“

(4)

The processing of personal data should be designed
to serve mankind. The right to the protection of personal data is not an
absolute right; it must be considered in relation to its function in society
and be balanced against other fundamental rights, in accordance with the
principle of proportionality. This Regulation respects all fundamental rights
and observes the freedoms and principles recognised in the Charter as
enshrined in the Treaties, in particular the respect for private and family
life, home and communications, the protection of personal data, freedom of
thought, conscience and religion, freedom of expression and information,
freedom to conduct a business, the right to an effective remedy and to a fair
trial, and cultural, religious and linguistic diversity.

Serve mankind according to whom? According
to whose interests?

Not an absolute right? Why not? Who is considering this right in relation to
its function in society – and what is this “principle of proportionality?”

How does this Regulation respect the fundamental rights and freedoms
expressed in the Charter, when, for example, I would rather the EU go after
surveillance companies & people who profit from gathering data without
consent. So, instead of confronting millions of people with reams of
documentation to read – how about going after people and companies and
organizations that are already in violation of existing privacy laws?

How is the freedom of thought permissible,
if all sharing of “personal data,” is “controlled by the GDPR?How does the “freedom of expression
and information”fit under the GDPR? Is expression not curtailed?

(5)

The economic and social integration resulting from
the functioning of the internal market has led to a substantial increase in
cross-border flows of personal data. The exchange of personal data between
public and private actors, including natural persons, associations and undertakings
across the Union has increased. National authorities in the
Member States are being called upon by Union law to cooperate and
exchange personal data so as to be able to perform their duties or carry out
tasks on behalf of an authority in another Member State.

So you are saying that data that has
potentially been collected without consent, is now increasingly being shared,
and that Member States can now freely exchange that data – to perform duties
or tasks?

What duties or tasks?

What if the “natural person” does not want
that data to be collected or exchanged by anyone? What if the government of
the “Member State” turns out to be a bully, or criminal, or dangerous?

Then what?

So Member State A decides “Jews” are the
poison of humanity. Or wait, the Irish, no the “Blacks,” no no “The White
Man,” OK – so a Member State has decided to kill all Jewish children. This
means that other Member States must cooperate and provide data concerning the
whereabouts of refugees fleeing execution, because their Home Member State
has decided that their ethnicity/race/class/skin color/medical
status/lifestyle is poisonous. Right?

Member State A has decided that the mass
execution of all Jewish children is beneficial to humanity. Now what? The
rest of the states must comply? Is that how this regulation works?

(6)

Rapid technological developments and globalisation
have brought new challenges for the protection of personal data. The scale of
the collection and sharing of personal data has increased significantly.
Technology allows both private companies and public authorities to make use
of personal data on an unprecedented scale in order to pursue their
activities. Natural persons increasingly make personal information available
publicly and globally. Technology has transformed both the economy and social
life, and should further facilitate the free flow of personal data within the
Union and the transfer to third countries and international organisations,
while ensuring a high level of the protection of personal data.

Right but what does “protection” mean?

On the whole, this paragraph sounds good,
but only if I assume that “protection” means personal ownership, which it
probably does not. If I OWN my personal data and can administer it at will,
in accordance with my discretion, then I can defend my own rights as I see
fit.

On the one side it looks like we have the
undefined, nebulous concept of “protetion,” and on the other side, we have
the concept of “free flow.”

(7)

Those developments require a strong and more
coherent data protection framework in the Union, backed by strong
enforcement, given the importance of creating the trust that will allow the
digital economy to develop across the internal market. Natural persons should
have control of their own personal data. Legal and practical certainty for
natural persons, economic operators and public authorities should be
enhanced.

Sounds, good, but reading this regulation so
far has not created trust. Instead, I am concerned about this “strong
enforcement,” because it seems to be directed at citizens and businesses and
organizations – not those who illegally invade privacy, gather, sell, and use
private data.

(8)

Where this Regulation provides for specifications or
restrictions of its rules by Member State law, Member States may,
as far as necessary for coherence and for making the national provisions
comprehensible to the persons to whom they apply, incorporate elements of
this Regulation into their national law.

Yay, they are allowing countries to make
laws. How does come across to independent nations?

(9)

The objectives and principles of Directive 95/46/EC
remain sound, but it has not prevented fragmentation in the implementation of
data protection across the Union, legal uncertainty or a widespread public
perception that there are significant risks to the protection of natural
persons, in particular with regard to online activity. Differences in the
level of protection of the rights and freedoms of natural persons, in
particular the right to the protection of personal data, with regard to the
processing of personal data in the Member States may prevent the free
flow of personal data throughout the Union. Those differences may therefore
constitute an obstacle to the pursuit of economic activities at the level of
the Union, distort competition and impede authorities in the discharge of
their responsibilities under Union law. Such a difference in levels of
protection is due to the existence of differences in the implementation and
application of Directive 95/46/EC.

Maybe the “differences” have to do with
usurping personal power and putting governing authorities in charge? What if
this “regulation” were simply that adults have the rigth to make personal
determinations with regard to the use of their private data and that of their
children? I mean: leave it in the hands of individuals and build in
mechanisms for individuals to protect themselves.

What if this “regualtion” had included the
mandate of disclosure to natural persons what data has already been collected
about them and their children and by whom – to date?

Wouldn’t that be healthier?

(10)

In order to ensure a consistent and high level of
protection of natural persons and to remove the obstacles to flows of
personal data within the Union, the level of protection of the rights and
freedoms of natural persons with regard to the processing of such data should
be equivalent in all Member States. Consistent and homogenous
application of the rules for the protection of the fundamental rights and
freedoms of natural persons with regard to the processing of personal data
should be ensured throughout the Union. Regarding the processing of personal
data for compliance with a legal obligation, for the performance of a task
carried out in the public interest or in the exercise of official authority
vested in the controller, Member States should be allowed to maintain or
introduce national provisions to further specify the application of the rules
of this Regulation. In conjunction with the general and horizontal law on
data protection implementing Directive 95/46/EC, Member States have
several sector-specific laws in areas that need more specific provisions.
This Regulation also provides a margin of manoeuvre for Member States to
specify its rules, including for the processing of special categories of
personal data (‘sensitive data’). To that extent, this Regulation does not
exclude Member State law that sets out the circumstances for specific
processing situations, including determining more precisely the conditions under
which the processing of personal data is lawful.

Who is the controller? Geeze that sounds
creepy! OK, it is defined in Article 4, but the definition adds additional
terms like “determines” and “the purposes and means of the processing” –
linking that to Union or Member State Law – then continuing with “the
controller of the specific criteria for its nomination” – eh?

What is a controller?

Is a controller an organization that has
received personal data – so it then therefore “controls” it?

I order something online and the company
knows my name and address. Do they “control”my name and address? Is that what
“control” and “controlling” are to mean?

“Consistent and homogeneous application of
the rules…” ok, according to whom? What if the French want to give
individuals authority over their own data, and the Italians have a government
that wants to control all the data in a central location?

Lawful? What about realizing that extreme
atrocities have been committed against humankind – completely “legally?”

“Sensitive data?” What if I find specific
information about me or my family to be “sensitive,” but “the government”
does not? Who determines the “sensitivity” of the data? As long as I get to
determine the sensitivity of my information/data – and the governments and
agencies are to comply with my determination – then OK. But what if some
external authority seeks to impose its perceptions of what it finds to be
“sensitive information” while forcing me to share information I find
sensitive?

(11)

Effective protection of personal data throughout the
Union requires the strengthening and setting out in detail of the rights of
data subjects and the obligations of those who process and determine the
processing of personal data, as well as equivalent powers for monitoring and
ensuring compliance with the rules for the protection of personal data and
equivalent sanctions for infringements in the Member States.

People are not “data subjects.” Geeze, who
wrote this regulation? What about curtailing the undesired collection of
data, instead of regulating sharing?

Ahh – I checked, processing is also “collecting.” So that is good.

(12)

Article 16(2) TFEU mandates the European Parliament
and the Council to lay down the rules relating to the protection of natural
persons with regard to the processing of personal data and the rules relating
to the free movement of personal data.

So this regulation mandates the “laying down
of rules?”

That sounds like a “bad parent” saying: uhh
yah we need to lay down some rules here. A

So some “rules will be laid down” at a later
time? Heh?

(13)

In order to ensure a consistent level of protection
for natural persons throughout the Union and to prevent divergences hampering
the free movement of personal data within the internal market, a Regulation
is necessary to provide legal certainty and transparency for economic
operators, including micro, small and medium-sized enterprises, and to
provide natural persons in all Member States with the same level of
legally enforceable rights and obligations and responsibilities for
controllers and processors, to ensure consistent monitoring of the processing
of personal data, and equivalent sanctions in all Member States as well
as effective cooperation between the supervisory authorities of different
Member States. The proper functioning of the internal market requires
that the free movement of personal data within the Union is not restricted or
prohibited for reasons connected with the protection of natural persons with
regard to the processing of personal data. To take account of the specific
situation of micro, small and medium-sized enterprises, this Regulation
includes a derogation for organisations with fewer than 250 employees with
regard to record-keeping. In addition, the Union institutions and bodies, and
Member States and their supervisory authorities, are encouraged to take
account of the specific needs of micro, small and medium-sized enterprises in
the application of this Regulation. The notion of micro, small and medium-sized
enterprises should draw from Article 2 of the Annex to Commission
Recommendation 2003/361/EC (5).

Wait “ensure consistent monitoring?” I mean
that is exactly what I do NOT want. I do NOT want consistent monitoring of
the processing of personal data. While the phrase may be interpreted as
meaning that the processing of personal data must be “monitored” to make sure
that no one is infringing on rights – the very monitoring of the processing
of personal data – infringes on personal rights.

The claim here appears to be that the proper
functioning of the international market requires free movement of personal
data within the Union for reasons “connected with” the protection of natural
persons – with regard to the processing of personal data.

Who wrote this regulation?

(14)

The protection afforded by this Regulation should
apply to natural persons, whatever their nationality or place of residence,
in relation to the processing of their personal data. This Regulation does
not cover the processing of personal data which concerns legal persons and in
particular undertakings established as legal persons, including the name and
the form of the legal person and the contact details of the legal person.

OK, so once you’re a “legal person” you can
do anything you want? What is “which concerns” supposed to mean? What happens
if a “legal person” acquires the personal data of every single natural person
on the planet – and then that determines “this data is now mine?”

What if AI programs/citizens are placed
between the information and its processing?

(15)

In order to prevent creating a serious risk of
circumvention, the protection of natural persons should be technologically
neutral and should not depend on the techniques used. The protection of
natural persons should apply to the processing of personal data by automated
means, as well as to manual processing, if the personal data are contained or
are intended to be contained in a filing system. Files or sets of files, as
well as their cover pages, which are not structured according to specific
criteria should not fall within the scope of this Regulation.

Wait, so if you’ve collected reams of
information via surveillance, all you have to do is not structure your files
according to specific criteria, and then you no longer need to comply?

(16)

This Regulation does not apply to issues of
protection of fundamental rights and freedoms or the free flow of personal
data related to activities which fall outside the scope of Union law, such as
activities concerning national security. This Regulation does not apply to
the processing of personal data by the Member States when carrying out
activities in relation to the common foreign and security policy of the
Union.

National security risks like what?

(17)

Regulation (EC) No 45/2001 of the European
Parliament and of the Council (6) applies to the processing of personal data by the Union institutions, bodies,
offices and agencies. Regulation (EC) No 45/2001 and other Union legal acts
applicable to such processing of personal data should be adapted to the
principles and rules established in this Regulation and applied in the light
of this Regulation. In order to provide a strong and coherent data protection
framework in the Union, the necessary adaptations of Regulation (EC)
No 45/2001 should follow after the adoption of this Regulation, in order
to allow application at the same time as this Regulation.

What is meant by “data protection
framework?” Like what? All files need to be stored on a centralized server
using the same operating system?

(18)

This Regulation does not apply to the processing of
personal data by a natural person in the course of a purely personal or
household activity and thus with no connection to a professional or
commercial activity. Personal or household activities could include
correspondence and the holding of addresses, or social networking and online
activity undertaken within the context of such activities. However, this
Regulation applies to controllers or processors which provide the means for
processing personal data for such personal or household activities.

Purchasing bread is a “commercial activity.”

(19)

The protection of natural persons with regard to the
processing of personal data by competent authorities for the purposes of the
prevention, investigation, detection or prosecution of criminal offences or
the execution of criminal penalties, including the safeguarding against and
the prevention of threats to public security and the free movement of such
data, is the subject of a specific Union legal act. This Regulation should
not, therefore, apply to processing activities for those purposes. However,
personal data processed by public authorities under this Regulation should,
when used for those purposes, be governed by a more specific Union legal act,
namely Directive (EU) 2016/680 of the European Parliament and of the Council (7).
Member States may entrust competent authorities within the meaning of
Directive (EU) 2016/680 with tasks which are not necessarily carried out for
the purposes of the prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, including the
safeguarding against and prevention of threats to public security, so that
the processing of personal data for those other purposes, in so far as it is
within the scope of Union law, falls within the scope of this Regulation.

With regard to the processing of personal data by
those competent authorities for purposes falling within scope of this
Regulation, Member States should be able to maintain or introduce more
specific provisions to adapt the application of the rules of this Regulation.
Such provisions may determine more precisely specific requirements for the processing
of personal data by those competent authorities for those other purposes,
taking into account the constitutional, organisational and administrative
structure of the respective Member State. When the processing of personal
data by private bodies falls within the scope of this Regulation, this
Regulation should provide for the possibility for Member States under
specific conditions to restrict by law certain obligations and rights when
such a restriction constitutes a necessary and proportionate measure in a
democratic society to safeguard specific important interests including public
security and the prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public security. This
is relevant for instance in the framework of anti-money laundering or the
activities of forensic laboratories.

Who are “competent authorities?” who
determines what “public security” means? “should be governed” well – who
cares about “should?” I really “should” exercise more – doesn’t mean that I
will. “not necessarily carried out for?”

“this Regulation should provide for the
possibility for Member States under specific conditions to restrict by
law certain obligations and rights when such a restriction constitutes a
necessary and proportionate measure in a democratic society to safeguard
specific important interests”

restrict rights to safeguard important
interests? LIKE WHAT? The interests of an oil company? A pharmaceutical
company? Maybe military interests?

Who determines is an interest is specific
and/or important?

Can the importance of an “interest” be
purchased?

Again: what if some maniac government
actually believes in the myth of overpopulation? What if their common belief
ignores the “how” of living, and simply counts the number of people on the
planet, and thinks we need to reduce the population? Then – such a government
may choose to sterilize all or a part of its population – based on this
regulation allowing the government to prevent threats to public security.
That would be accomplished by having the actual citizens pay, and the
perpetrators could become extremely wealthy by providing this “service.”

Such egregious human rights violations must be prevented, not facilitated (or
made possible) by new regulations such as the GDPR.

Again: I am looking to prevent human rights
violations that would occur from malicious use of this regulation. For that
reason, I am investigation: OK, how could this wording be used to kill or
harm people? How could this phrasing be used to imprison, detain, violate, or
rob people?

And it looks like this regulation is far
from “predator proof.” Bend a term here, interpret another term there – and
you might just have a legal foundation upon which to control and subjugate
humanity.

(20)

While this Regulation applies, inter alia, to the
activities of courts and other judicial authorities, Union or Member State
law could specify the processing operations and processing procedures in
relation to the processing of personal data by courts and other judicial
authorities. The competence of the supervisory authorities should not cover
the processing of personal data when courts are acting in their judicial
capacity, in order to safeguard the independence of the judiciary in the
performance of its judicial tasks, including decision-making. It should be
possible to entrust supervision of such data processing operations to
specific bodies within the judicial system of the Member State, which should,
in particular ensure compliance with the rules of this Regulation, enhance
awareness among members of the judiciary of their obligations under this
Regulation and handle complaints in relation to such data processing
operations.

What does “inter alia” mean? Also, isn’t
there a right to have laws and regulations that are written in plain, easy to
understand language? I am spending a lot of time on this regulation, and I do
not want to. I am law abiding, kind, honest, and good. Why does the EU get to
usurp so much of my time and attention? Also: what about simplicity? How hard
would it be to just reaffirm specific human rights – and to reaffirm that
invididuals have the right to determine the audience when they share
information.

That’s really it, right? Adults who has
access to their information & the info of their children and determine
what may be done with that information.

End of law. I mean maybe formulated a bit
better. But that’s it. Arrest the people at companies who continue to harvest
data via spying and also catch the spammers.

(21)

This Regulation is without prejudice to the
application of Directive 2000/31/EC of the European Parliament and of the
Council (8),
in particular of the liability rules of intermediary service providers in
Articles 12 to 15 of that Directive. That Directive seeks to contribute to
the proper functioning of the internal market by ensuring the free movement
of information society services between Member States.

“the free movement of information society
services?” Pardon me, but what are “information society services?” Is this
paragraph even worded properly?

(22)

Any processing of personal data in the context of
the activities of an establishment of a controller or a processor in the
Union should be carried out in accordance with this Regulation, regardless of
whether the processing itself takes place within the Union. Establishment
implies the effective and real exercise of activity through stable arrangements.
The legal form of such arrangements, whether through a branch or a subsidiary
with a legal personality, is not the determining factor in that respect.

“establishment of a controller or
processor?” what is meant by establishment – who pays for that?

in accordance with this Regulation – meaning what?

establishment is supposed to men the “effective and real exercise of
activity?” OK where are we now, yoga class? Exercise of activity?

“stable arrangements?” So what, you can do
whatever you want if you consider the arrangement unstable?

And the legal form does not matter.

WHAAAAT?

(23)

In order to ensure that natural persons are not
deprived of the protection to which they are entitled under this Regulation,
the processing of personal data of data subjects who are in the Union by a
controller or a processor not established in the Union should be subject to
this Regulation where the processing activities are related to offering goods
or services to such data subjects irrespective of whether connected to a
payment. In order to determine whether such a controller or processor is
offering goods or services to data subjects who are in the Union, it should be
ascertained whether it is apparent that the controller or processor envisages
offering services to data subjects in one or more Member States in the
Union. Whereas the mere accessibility of the controller's, processor's or an
intermediary's website in the Union, of an email address or of other contact
details, or the use of a language generally used in the third country where
the controller is established, is insufficient to ascertain such intention,
factors such as the use of a language or a currency generally used in one or
more Member States with the possibility of ordering goods and services
in that other language, or the mentioning of customers or users who are in
the Union, may make it apparent that the controller envisages offering goods
or services to data subjects in the Union.

So basically, the EU is saying: “we just
made a global regulation and you can’t do anything about it but comply, even
if you aren’t selling anything?”

Wow. Essentially: if the EU is an angel with
only the most wholesome intentions for everyone, causing no one harm ever,
then one can go along with the regulation – but what if malice comes pouring
out at humanity through this regulation?

What if good websites are shut down and healthy, honest, healing, political,
or controversial topics are censored?

Also: I mean I guess there are “controllers”
of “data,” and people are “data subjects,” but isn’t this regulation coming
across as dehumanizing? Where is the warmth?Also, what about honest businesses providing good services?
It’s almost as if all businesses stand accused of misusing data.

(24)

The processing of personal data of data subjects who
are in the Union by a controller or processor not established in the Union
should also be subject to this Regulation when it is related to the
monitoring of the behaviour of such data subjects in so far as their
behaviour takes place within the Union. In order to determine whether a
processing activity can be considered to monitor the behaviour of data
subjects, it should be ascertained whether natural persons are tracked on the
internet including potential subsequent use of personal data processing
techniques which consist of profiling a natural person, particularly in order
to take decisions concerning her or him or for analysing or predicting her or
his personal preferences, behaviours and attitudes.

“it should be ascertained” OK, well I should
really clean up my desk. Doesn’t mean I will.

Next: OK, monitoring, tracking and
predicting behavior is finally mentioned. That’s the creepy Orwellian 1984
result we would expect this regulation to seek to prevent.

But where is the prevention of spying?

Where is the prevention of gathering data
without consent?

This paragraph states that such monitoring
“should be subject” (uhh LOL) to “this regulation,” OK, well so what? Is the
monitoring subject or not? If it only “should” be then the paragraph is
completely powerless.

(25)

Where Member State law applies by virtue of public
international law, this Regulation should also apply to a controller not
established in the Union, such as in a Member State's diplomatic mission or
consular post.

What if EU control
turns toxic?

(26)

The principles of data protection should apply to
any information concerning an identified or identifiable natural person.
Personal data which have undergone pseudonymisation, which could be
attributed to a natural person by the use of additional information should be
considered to be information on an identifiable natural person. To determine
whether a natural person is identifiable, account should be taken of all the
means reasonably likely to be used, such as singling out, either by the
controller or by another person to identify the natural person directly or
indirectly. To ascertain whether means are reasonably likely to be used to
identify the natural person, account should be taken of all objective
factors, such as the costs of and the amount of time required for
identification, taking into consideration the available technology at the
time of the processing and technological developments. The principles of data
protection should therefore not apply to anonymous information, namely
information which does not relate to an identified or identifiable natural
person or to personal data rendered anonymous in such a manner that the data
subject is not or no longer identifiable. This Regulation does not therefore
concern the processing of such anonymous information, including for
statistical or research purposes.

“Personal data which
have undergone pseudonymisation, which could be attributed to a natural
person by the use of additional information should be considered to be
information on an identifiable natural person.”

just because it should does not mean that it will – and frankly – no:
personal data that has undergone pseudonymization is not the same as
information on an identifiable natural person – the person or controller who
can link the pseudonymns to the names is a person who is trusted to NOT
reveal the identities of the persons/profiles. It is possible to be a
trustworthy person – apparently counter to the philosophy of the writers of
this regulation.

(27)

This Regulation does not apply to the personal data
of deceased persons. Member States may provide for rules regarding the
processing of personal data of deceased persons.

Can a living person
declare his/her past natural person as deceased without being dead?

(28)

The application of pseudonymisation to personal data
can reduce the risks to the data subjects concerned and help controllers and
processors to meet their data-protection obligations. The explicit
introduction of ‘pseudonymisation’ in this Regulation is not intended to
preclude any other measures of data protection.

Who cares about
“intent?” does it preclude or not preclude?

(29)

In order to create incentives to apply
pseudonymisation when processing personal data, measures of pseudonymisation
should, whilst allowing general analysis, be possible within the same
controller when that controller has taken technical and organisational
measures necessary to ensure, for the processing concerned, that this
Regulation is implemented, and that additional information for attributing
the personal data to a specific data subject is kept separately. The
controller processing the personal data should indicate the authorised
persons within the same controller.

(30)

Natural persons may be associated with online
identifiers provided by their devices, applications, tools and protocols,
such as internet protocol addresses, cookie identifiers or other identifiers
such as radio frequency identification tags. This may leave traces which, in
particular when combined with unique identifiers and other information
received by the servers, may be used to create profiles of the natural
persons and identify them.

So surveillance is
OK? Srsly?

(31)

Public authorities to which personal data are
disclosed in accordance with a legal obligation for the exercise of their
official mission, such as tax and customs authorities, financial
investigation units, independent administrative authorities, or financial
market authorities responsible for the regulation and supervision of
securities markets should not be regarded as recipients if they receive
personal data which are necessary to carry out a particular inquiry in the
general interest, in accordance with Union or Member State law. The
requests for disclosure sent by the public authorities should always be
in writing, reasoned and occasional and should not concern the entirety of a
filing system or lead to the interconnection of filing systems. The
processing of personal data by those public authorities should comply with
the applicable data-protection rules according to the purposes of the
processing.

There appears to be
a small inkling of awareness of the potential of governmental abuse here.

(32)

Consent should be given by a clear affirmative act
establishing a freely given, specific, informed and unambiguous indication of
the data subject's agreement to the processing of personal data relating to
him or her, such as by a written statement, including by electronic means, or
an oral statement. This could include ticking a box when visiting an internet
website, choosing technical settings for information society services or
another statement or conduct which clearly indicates in this context the data
subject's acceptance of the proposed processing of his or her personal data.
Silence, pre-ticked boxes or inactivity should not therefore constitute
consent. Consent should cover all processing activities carried out for the
same purpose or purposes. When the processing has multiple purposes, consent
should be given for all of them. If the data subject's consent is to be given
following a request by electronic means, the request must be clear, concise
and not unnecessarily disruptive to the use of the service for which it is
provided.

Not bad. Could
likely be shortened and made more clear and concise. But not bad. I like the
repeated use of the word “consent.”

(33)

It is often not possible to fully identify the
purpose of personal data processing for scientific research purposes at the
time of data collection. Therefore, data subjects should be allowed to give
their consent to certain areas of scientific research when in keeping with
recognised ethical standards for scientific research. Data subjects should
have the opportunity to give their consent only to certain areas of research
or parts of research projects to the extent allowed by the intended purpose.

Yes, and data
subjects MUST give consent prior to being subject to scientific experiments
of ANY kind.

The use of the word “should” is quite unsettling in this regulation.

(34)

Genetic data should be defined as personal data relating
to the inherited or acquired genetic characteristics of a natural person
which result from the analysis of a biological sample from the natural person
in question, in particular chromosomal, deoxyribonucleic acid (DNA) or
ribonucleic acid (RNA) analysis, or from the analysis of another element
enabling equivalent information to be obtained.

Should be defined –
or must be defined. Honestly, who cares about should? Either it is defined as
personal data – or it isn’t. If it just “should be defined,” then this
paragraph can legally be ignored.

However, one can
extrapolate that our genetic information is defined as personal data. I take
this paragraph much further. For a real Age of Accordance to take place,
genetic data is absolutely private and protected as a fundamental human
right. Accessing or using genetic data that has been acquired without the
consent of the natural person from whom it was obtained – is a crime. All
such activity must be halted immediately.

Non-consensual use
of genetic data – now that is crime deserving a 10M Euro fine!

(35)

Personal data concerning health should include all
data pertaining to the health status of a data subject which reveal
information relating to the past, current or future physical or mental health
status of the data subject. This includes information about the natural
person collected in the course of the registration for, or the provision of,
health care services as referred to in Directive 2011/24/EU of the European
Parliament and of the Council (9) to that natural person; a number, symbol or particular assigned to a natural
person to uniquely identify the natural person for health purposes;
information derived from the testing or examination of a body part or bodily
substance, including from genetic data and biological samples; and any
information on, for example, a disease, disability, disease risk, medical
history, clinical treatment or the physiological or biomedical state of the
data subject independent of its source, for example from a physician or other
health professional, a hospital, a medical device or an in vitro diagnostic
test.

Not bad except for
the use of the word “should.”

(36)

The main establishment of a controller in the Union
should be the place of its central administration in the Union, unless the
decisions on the purposes and means of the processing of personal data are
taken in another establishment of the controller in the Union, in which case
that other establishment should be considered to be the main establishment.
The main establishment of a controller in the Union should be determined
according to objective criteria and should imply the effective and real
exercise of management activities determining the main decisions as to the
purposes and means of processing through stable arrangements. That criterion
should not depend on whether the processing of personal data is carried out
at that location. The presence and use of technical means and technologies
for processing personal data or processing activities do not, in themselves,
constitute a main establishment and are therefore not determining criteria
for a main establishment. The main establishment of the processor should be
the place of its central administration in the Union or, if it has no central
administration in the Union, the place where the main processing activities
take place in the Union. In cases involving both the controller and the
processor, the competent lead supervisory authority should remain the
supervisory authority of the Member State where the controller has its main
establishment, but the supervisory authority of the processor should be considered to be a supervisory authority concerned and that supervisory authority should participate in the cooperation procedure provided for by this Regulation. In any case, the supervisory authorities of the Member State
or Member States where the processor has one or more establishments
should not be considered to be supervisory authorities concerned where the
draft decision concerns only the controller. Where the processing is carried
out by a group of undertakings, the main establishment of the controlling
undertaking should be considered to be the main establishment of the group of
undertakings, except where the purposes and means of processing are
determined by another undertaking.

I think this could
have been said in fewer words.

(37)

A group of undertakings should cover a controlling
undertaking and its controlled undertakings, whereby the controlling
undertaking should be the undertaking which can exert a dominant influence
over the other undertakings by virtue, for example, of ownership, financial
participation or the rules which govern it or the power to have personal data
protection rules implemented. An undertaking which controls the processing of
personal data in undertakings affiliated to it should be regarded, together
with those undertakings, as a group of undertakings.

Now we need
“undertakings?” Why? And they can be grouped.

(38)

Children merit specific protection with regard to
their personal data, as they may be less aware of the risks, consequences and
safeguards concerned and their rights in relation to the processing of
personal data. Such specific protection should, in particular, apply to the
use of personal data of children for the purposes of marketing or creating
personality or user profiles and the collection of personal data with regard
to children when using services offered directly to a child. The consent of
the holder of parental responsibility should not be necessary in the context
of preventive or counselling services offered directly to a child.

“The consent of the
holder of parental responsibility should not be necessary in the context of
preventive or counselling services offered directly to a child.”

Nope – you are not to offer any kind of “services” to children without the
consent of the parents.

A proper wording is:

“The consent of the holder of parental responsibility is necessary in the
context of any services offered directly to a child.”

What constitutes “preventative?” Also: counseling? Excuse me? Any old
“controller” can collect personal data about children and then offer them
services? What kind of “prevention” is allowed? Birth control? Medications
that “prevent” migraines or dizziness? How about “counseling services to
prevent social anxiety?” What about “counseling services” that manipulate
children into cults or religious extremism? How about “counseling services”
that instead of helping children love themselves and develop a healthy gender
identity (which of course can include LGBT), well what if this particular
“controller” seeks to manipulate children into seeing themselves as
transgender just to sell some pills or surgeries?

Basically this paragraph states that the developers of game apps can collect
response info on children and then offer them anti-depression meds for a
commission.

There are many
reasons for parents to make the decision to seek counseling for their
children, and most families are capable of making that decision themselves.
Direct advertising of “preventive” or “counseling” services to children – is
dangerous and criminal.

With a bit of a
projection: just because the writers of the law were abused by their parents,
does not mean that children can be helped if exposed to the abuse of “data
controllers.”

Would those data controllers then thrive off of creating more need for their
services?

Offering services to
children is really a pretty devious and sinister act. This paragraph
absolutely must be changed.

(39)

Any processing of personal data should be lawful and
fair. It should be transparent to natural persons that personal data
concerning them are collected, used, consulted or otherwise processed and to
what extent the personal data are or will be processed. The principle of
transparency requires that any information and communication relating to the
processing of those personal data be easily accessible and easy to
understand, and that clear and plain language be used. That principle
concerns, in particular, information to the data subjects on the identity of
the controller and the purposes of the processing and further information to
ensure fair and transparent processing in respect of the natural persons concerned
and their right to obtain confirmation and communication of personal data
concerning them which are being processed. Natural persons should be made
aware of risks, rules, safeguards and rights in relation to the processing of
personal data and how to exercise their rights in relation to such
processing. In particular, the specific purposes for which personal data are
processed should be explicit and legitimate and determined at the time of the
collection of the personal data. The personal data should be adequate,
relevant and limited to what is necessary for the purposes for which they are
processed. This requires, in particular, ensuring that the period for which
the personal data are stored is limited to a strict minimum. Personal data should be processed only if the purpose of the processing could not reasonably be fulfilled by other means. In order to ensure that the personal data are not kept longer than necessary, time limits should be established by
the controller for erasure or for a periodic review. Every reasonable step
should be taken to ensure that personal data which are inaccurate are
rectified or deleted. Personal data should be processed in a manner that
ensures appropriate security and confidentiality of the personal data,
including for preventing unauthorised access to or use of personal data and
the equipment used for the processing.

Plain language? More
plain than this GDPR!

Lawful and fair according to whom?

This means I can now require that the US government send me all of the data
it has collected on me over the course of my entire lifetime, right? Same w
FB, YouTube, Google, Amazon, etc. RIGHT?

Every tidbit. Also the police, the Former Soviet Union. Every teeny tiny bit
of surveillance, contact, monitoring – every BIT of info on me – and they are
not allowed to delete it when I request it – right?

(40)

In order for processing to be lawful, personal data
should be processed on the basis of the consent of the data subject concerned
or some other legitimate basis, laid down by law, either in this Regulation
or in other Union or Member State law as referred to in this Regulation,
including the necessity for compliance with the legal obligation to which the
controller is subject or the necessity for the performance of a contract to
which the data subject is party or in order to take steps at the request of
the data subject prior to entering into a contract.

Just because laws
have been written to make violations of human rights like privacy and
personal integrity “legal,” does not mean that the data collection wasn’t
criminal. “Lawful” collection of data means nothing – consent however – means
a lot.

“performance of a
contract?” heh?

What is a
“contract?”

(41)

Where this Regulation refers to a legal basis or a
legislative measure, this does not necessarily require a legislative act
adopted by a parliament, without prejudice to requirements pursuant to the
constitutional order of the Member State concerned. However, such a
legal basis or legislative measure should be clear and precise and its
application should be foreseeable to persons subject to it, in accordance
with the case-law of the Court of Justice of the European Union (the ‘Court
of Justice’) and the European Court of Human Rights.

What is “foreseeable
to persons subject to it” supposed to mean?

(42)

Where processing is based on the data subject's
consent, the controller should be able to demonstrate that the data subject
has given consent to the processing operation. In particular in the context
of a written declaration on another matter, safeguards should ensure that the
data subject is aware of the fact that and the extent to which consent is
given. In accordance with Council Directive 93/13/EEC (10) a
declaration of consent pre-formulated by the controller should be provided in
an intelligible and easily accessible form, using clear and plain language
and it should not contain unfair terms. For consent to be informed, the data
subject should be aware at least of the identity of the controller and the
purposes of the processing for which the personal data are intended. Consent
should not be regarded as freely given if the data subject has no genuine or
free choice or is unable to refuse or withdraw consent without detriment.

What are
“safeguards?” Why is only “should” used? Clear and plain language was
supposed to apply to this GDPR, but unfortunately, the authors did not
succeed. What are “unfair terms” and unfair to whom? IDENTITY of the
controller? Noone knows the identity of the controllers of their data
nowadays. None of the GDPR statements I’ve seen identify a person as a
“controller,” not one. What is a “genuine” choice?

I like the language “Consent should not be regarded as freely given if the
data subject has no genuine or free choice or is unable to refuse or withdraw
consent without detriment,” as it can be applied in other legal areas, in
particular medical human rights.

(43)

In order to ensure that consent is freely given,
consent should not provide a valid legal ground for the processing of
personal data in a specific case where there is a clear imbalance between the
data subject and the controller, in particular where the controller is a
public authority and it is therefore unlikely that consent was freely given
in all the circumstances of that specific situation. Consent is presumed not
to be freely given if it does not allow separate consent to be given to
different personal data processing operations despite it being appropriate in
the individual case, or if the performance of a contract, including the
provision of a service, is dependent on the consent despite such consent not
being necessary for such performance.

“performance of a contract?”
“personal data processing operations?”
“provision of a service?”
“dependent?”

“is dependent on the consent despite such consent not being necessary for
such performance.”
umm excuse me? What?

Public authorities are also not allowed to collect data without consent – ok?
Is that clear?

Convicted criminal
action creates a legal framework for the loss of specific requirements
regarding consent. The duration of such loss of authority to grant or decline
consent must be determined in court of law.

(44)

Processing should be lawful where it is necessary in
the context of a contract or the intention to enter into a contract.

So, if there is no
contract, the processing can be unlawful? And it only “should” be lawful.
Wow. A particularly weak paragraph.

(45)

Where processing is carried out in accordance with a
legal obligation to which the controller is subject or where processing is
necessary for the performance of a task carried out in the public interest or
in the exercise of official authority, the processing should have a basis in
Union or Member State law. This Regulation does not require a specific law
for each individual processing. A law as a basis for several processing
operations based on a legal obligation to which the controller is subject or
where processing is necessary for the performance of a task carried out in
the public interest or in the exercise of an official authority may be
sufficient. It should also be for Union or Member State law to determine the
purpose of processing. Furthermore, that law could specify the general
conditions of this Regulation governing the lawfulness of personal data
processing, establish specifications for determining the controller, the type
of personal data which are subject to the processing, the data subjects
concerned, the entities to which the personal data may be disclosed, the
purpose limitations, the storage period and other measures to ensure lawful
and fair processing. It should also be for Union or Member State law to
determine whether the controller performing a task carried out in the public
interest or in the exercise of official authority should be a public
authority or another natural or legal person governed by public law, or, where it is in the public interest to do so, including for health purposes such as public health and social protection and the management of health care services, by private law, such as a professional association.

NO. Who defines
“public interest?” Having a “basis” in union or member state law – I mean is
that like “based on a true story?”

The regulation does not require a separate law for each individual
“processing?” WHAT? How exactly is that clear or concise or even
understandable language? Again, what is “public interest” and who determines
it? “in the exercise of an official authority?” Is this law subjecting EU
citizens to the abuse of its local officials? Can you be a librarian? A
librarian is a “local authority?” Can a librarian command and receive your
medical information because the librarian feels it’s in the “public
interest?”

What does “interest” mean? Just “advantage,” but what about “the public would
find the information interesting?”

So maybe the “public” would find knowing particular natural persons personal
data to be “interesting,” can an official authority (how about a school
teacher, a government road worker, a national parks emloyee…) now get that
information?

The law could?
COULD? …then should…

RED FLAG: “health
purposes such as public health and social protection and the management of
health care services, by private law, such as a professional association.”

Private law?

This paragraph is
dangerous in its current wording.

(46)

The processing of personal data should also be
regarded to be lawful where it is necessary to protect an interest which is
essential for the life of the data subject or that of another natural person.
Processing of personal data based on the vital interest of another natural
person should in principle take place only where the processing cannot be
manifestly based on another legal basis. Some types of processing may serve
both important grounds of public interest and the vital interests of the data
subject as for instance when processing is necessary for humanitarian
purposes, including for monitoring epidemics and their spread or in
situations of humanitarian emergencies, in particular in situations of
natural and man-made disasters.

“essential for the
life of the data subject or that of another natural person.” According to
whom?

Some people find religion to be essential for life. Others believe in the use
of specific medical treatments.

“including for
monitoring epidemics and their spread”

--- the danger here
is in “authorities” assuming they know what they are doing. What if the
“authorities” are representing the financial interests of companies they are
beholden to – with reckless disregard for the health and well being of the
public?

“in particular in situations of natural and man-made disasters.”

Man-made disasters?
Is this regulation allowing for the creation of man-made disasters that then
can be legally tracked by personal data processors?

The medical language
in this Regulation must be changed. Medical information is private.
Considerable social strife has been caused by the release of specific medical
information – and the privacy of ALL medical information simply MUST be
enforced.

(47)

The legitimate interests of a controller, including
those of a controller to which the personal data may be disclosed, or of a
third party, may provide a legal basis for processing, provided that the
interests or the fundamental rights and freedoms of the data subject are not
overriding, taking into consideration the reasonable expectations of data
subjects based on their relationship with the controller. Such legitimate
interest could exist for example where there is a relevant and appropriate
relationship between the data subject and the controller in situations such
as where the data subject is a client or in the service of the controller. At
any rate the existence of a legitimate interest would need careful assessment
including whether a data subject can reasonably expect at the time and in the
context of the collection of the personal data that processing for that
purpose may take place. The interests and fundamental rights of the data
subject could in particular override the interest of the data controller
where personal data are processed in circumstances where data subjects do not
reasonably expect further processing. Given that it is for the legislator to
provide by law for the legal basis for public authorities to process personal
data, that legal basis should not apply to the processing by public
authorities in the performance of their tasks. The processing of personal
data strictly necessary for the purposes of preventing fraud also constitutes
a legitimate interest of the data controller concerned. The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.

Who decides whether
the rights or freedoms of the data subject are “overriding” or not?
“Relationship with the controller?” Umm – so if you’ve been on a date with
your controller? What kinds of controller-data subject relationships are
there?

Well at least
there’s: “The processing of personal data for direct marketing purposes may
be regarded as carried out for a legitimate interest.” Because there are also
situations where people are interested in receiving offers. Sheesh

(48)

Controllers that are part of a group of undertakings
or institutions affiliated to a central body may have a legitimate interest
in transmitting personal data within the group of undertakings for internal
administrative purposes, including the processing of clients' or employees'
personal data. The general principles for the transfer of personal data,
within a group of undertakings, to an undertaking located in a third country
remain unaffected.

Again with the
“undertakings?”

(49)

The processing of personal data to the extent
strictly necessary and proportionate for the purposes of ensuring network and
information security, i.e. the ability of a network or an information system
to resist, at a given level of confidence, accidental events or unlawful or
malicious actions that compromise the availability, authenticity, integrity
and confidentiality of stored or transmitted personal data, and the security
of the related services offered by, or accessible via, those networks and
systems, by public authorities, by computer emergency response teams (CERTs),
computer security incident response teams (CSIRTs), by providers of
electronic communications networks and services and by providers of security
technologies and services, constitutes a legitimate interest of the data
controller concerned. This could, for example, include preventing
unauthorised access to electronic communications networks and malicious code
distribution and stopping ‘denial of service’ attacks and damage to computer
and electronic communication systems.

Not bad.

(50)

The processing of personal data for purposes other
than those for which the personal data were initially collected should be
allowed only where the processing is compatible with the purposes for which
the personal data were initially collected. In such a case, no legal basis
separate from that which allowed the collection of the personal data is
required. If the processing is necessary for the performance of a task
carried out in the public interest or in the exercise of official authority
vested in the controller, Union or Member State law may determine and specify
the tasks and purposes for which the further processing should be regarded as
compatible and lawful. Further processing for archiving purposes in the
public interest, scientific or historical research purposes or statistical
purposes should be considered to be compatible
lawful processing operations. The legal basis provided by Union or Member
State law for the processing of personal data may also provide a legal basis
for further processing. In order to ascertain whether a purpose of further
processing is compatible with the purpose for which the personal data are
initially collected, the controller, after having met all the requirements
for the lawfulness of the original processing, should take into account,
inter alia: any link between those purposes and the purposes of the intended
further processing; the context in which the personal data have been
collected, in particular the reasonable expectations of data subjects based
on their relationship with the controller as to their further use; the nature
of the personal data; the consequences of the intended further processing for
data subjects; and the existence of appropriate safeguards in both the
original and intended further processing operations.

Where the data subject has given consent or the
processing is based on Union or Member State law which constitutes a
necessary and proportionate measure in a democratic society to safeguard, in
particular, important objectives of general public interest, the controller
should be allowed to further process the personal data irrespective of the
compatibility of the purposes. In any case, the application of the principles
set out in this Regulation and in particular the information of the data
subject on those other purposes and on his or her rights including the right
to object, should be ensured. Indicating possible criminal acts or threats to
public security by the controller and transmitting the relevant personal data
in individual cases or in several cases relating to the same criminal act or
threats to public security to a competent authority should be regarded as
being in the legitimate interest pursued by the controller. However, such
transmission in the legitimate interest of the controller or further
processing of personal data should be prohibited if the processing is not
compatible with a legal, professional or other binding obligation of secrecy.

“to safeguard, in
particular, important objectives of general public interest, the controller
should be allowed to further process the personal data irrespective of the
compatibility of the purposes.”

NO – we simply must protect the public from tyranny. Therefore, the
compatibility of purpose must be maintained in all cases.

“However, such
transmission in the legitimate interest of the controller or further
processing of personal data should be prohibited if the processing is not
compatible with a legal, professional or other binding obligation of secrecy.”
Wouldn’t that be the other way around?

(51)

Personal data which are, by their nature,
particularly sensitive in relation to fundamental rights and freedoms merit
specific protection as the context of their processing could create
significant risks to the fundamental rights and freedoms. Those personal data
should include personal data revealing racial or ethnic origin, whereby the
use of the term ‘racial origin’ in this Regulation does not imply an
acceptance by the Union of theories which attempt to determine the existence
of separate human races. The processing of photographs should not
systematically be considered to be processing of special categories of
personal data as they are covered by the definition of biometric data only
when processed through a specific technical means allowing the unique
identification or authentication of a natural person. Such personal data
should not be processed, unless processing is allowed in specific cases set
out in this Regulation, taking into account that Member States law may lay
down specific provisions on data protection in order to adapt the application
of the rules of this Regulation for compliance with a legal obligation or for
the performance of a task carried out in the public interest or in the
exercise of official authority vested in the controller. In addition to the
specific requirements for such processing, the general principles and other
rules of this Regulation should apply, in particular as regards the
conditions for lawful processing. Derogations from the general prohibition for processing such special categories of personal data should be explicitly provided, inter alia, where the data subject gives his or her explicit
consent or in respect of specific needs in particular where the processing is
carried out in the course of legitimate activities by certain associations or
foundations the purpose of which is to permit the exercise of fundamental
freedoms.

Permit what kinds of
freedoms? Try reading the paragraph with an assumption of a clear intent to
cause harm. Do certain associations or foundations have the freedom to seek
to exterminate people they don’t like, because they consider it a fundamental
freedom of theirs to do so?

I am happy that this
paragraph exists, although it needs work.

And how exactly is
“inter alia” to be considered “clear and concise language?” Do you know what
it means without looking it up?

(52)

Derogating from the prohibition on processing
special categories of personal data should also be allowed when provided for
in Union or Member State law and subject to suitable safeguards, so as to
protect personal data and other fundamental rights, where it is in the public
interest to do so, in particular processing personal data in the field of
employment law, social protection law including pensions and for health
security, monitoring and alert purposes, the prevention or control of
communicable diseases and other serious threats to health. Such a derogation
may be made for health purposes, including public health and the management
of health-care services, especially in order to ensure the quality and
cost-effectiveness of the procedures used for settling claims for benefits
and services in the health insurance system, or for archiving purposes in the
public interest, scientific or historical research purposes or statistical
purposes. A derogation should also allow the processing of such personal data
where necessary for the establishment, exercise or defence of legal claims,
whether in court proceedings or in an administrative or out-of-court
procedure.

Who determines
“public interest?” A local, bribed politician?

Derogation? As in exemption? Hello, but NO.

“prevention or
control of communicable diseases and other serious threats to health” as
defined by whom? Will this law protect the inhabitants of the EU from harmful
pharmaceutical practices – or will it seek to impose them? Not all
pharmaceutical practices are harmful – but some are. Will this regulation
protect private medical data – or expose it just because a multi-billion
dollar industry demands it?

Quality and cost
effectiveness? What if a procedure is deemed “effective” if it contributes to
the depopulation of our planet? In other words, what if a procedure is
considered “effective” if it kills or sterilizes people?

“scientific or historical research purposes or statistical purposes”
So you can violate personal privacy for “statistical purposes?” That’s
considered OK? It’s not OK.

(53)

Special categories of personal data which merit
higher protection should be processed for health-related purposes only where
necessary to achieve those purposes for the benefit of natural persons and
society as a whole, in particular in the context of the management of health
or social care services and systems, including processing by the management
and central national health authorities of such data for the purpose of
quality control, management information and the general national and local
supervision of the health or social care system, and ensuring continuity of
health or social care and cross-border healthcare or health security,
monitoring and alert purposes, or for archiving purposes in the public
interest, scientific or historical research purposes or statistical purposes,
based on Union or Member State law which has to meet an objective of public
interest, as well as for studies conducted in the public interest in the area
of public health. Therefore, this Regulation should provide for harmonised
conditions for the processing of special categories of personal data
concerning health, in respect of specific needs, in particular where the
processing of such data is carried out for certain health-related purposes by
persons subject to a legal obligation of professional secrecy. Union or
Member State law should provide for specific and suitable measures so as to
protect the fundamental rights and the personal data of natural persons. Member States should be allowed to maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health. However, this should not hamper the
free flow of personal data within the Union when those conditions apply to
cross-border processing of such data.

Health-related
information rests in the hands and authority of the natural person only.

(54)

The processing of special categories of personal
data may be necessary for reasons of public interest in the areas of public
health without consent of the data subject. Such processing should be subject
to suitable and specific measures so as to protect the rights and freedoms of
natural persons. In that context, ‘public health’ should be interpreted as
defined in Regulation (EC) No 1338/2008 of the European Parliament and of the
Council (11),
namely all elements related to health, namely health status, including
morbidity and disability, the determinants having an effect on that health
status, health care needs, resources allocated to health care, the provision
of, and universal access to, health care as well as health care expenditure
and financing, and the causes of mortality. Such processing of data
concerning health for reasons of public interest should not result in
personal data being processed for other purposes by third parties such as
employers or insurance and banking companies.

“The processing of
special categories of personal data may be necessary for reasons of public
interest in the areas of public health without consent of the data subject.”

This paragraph is in violation of basic human rights.

(55)

Moreover, the processing of personal data by
official authorities for the purpose of achieving the aims, laid down by
constitutional law or by international public law, of officially recognised
religious associations, is carried out on grounds of public interest.

So official
authorities may spy on officially recognized religious associations, right?
Did you ever think that just maybe, if you didn’t violate others by spying on
them – there would be less desire to retaliate?

(56)

Where in the course of electoral activities, the
operation of the democratic system in a Member State requires that
political parties compile personal data on people's political opinions, the
processing of such data may be permitted for reasons of public interest,
provided that appropriate safeguards are established.

Appropriate
safeguards according to whom?

(57)

If the personal data processed by a controller do
not permit the controller to identify a natural person, the data controller
should not be obliged to acquire additional information in order to identify
the data subject for the sole purpose of complying with any provision of this
Regulation. However, the controller should not refuse to take additional
information provided by the data subject in order to support the exercise of
his or her rights. Identification should include the digital identification
of a data subject, for example through authentication mechanism such as the
same credentials, used by the data subject to log-in to the on-line service
offered by the data controller.

How is this clause
helpful or necessary?

(58)

The principle of transparency requires that any
information addressed to the public or to the data subject be concise, easily
accessible and easy to understand, and that clear and plain language and,
additionally, where appropriate, visualisation be used. Such information
could be provided in electronic form, for example, when addressed to the
public, through a website. This is of particular relevance in situations
where the proliferation of actors and the technological complexity of
practice make it difficult for the data subject to know and understand
whether, by whom and for what purpose personal data relating to him or her
are being collected, such as in the case of online advertising. Given that
children merit specific protection, any information and communication, where
processing is addressed to a child, should be in such a clear and plain
language that the child can easily understand.

Excuse me, but this
Regulation is not written in clear, plain, or concise language. Apparently
then, the Regulation loses its validity.

(59)

Modalities should be provided for facilitating the
exercise of the data subject's rights under this Regulation, including
mechanisms to request and, if applicable, obtain, free of charge, in
particular, access to and rectification or erasure of personal data and the
exercise of the right to object. The controller should also provide means for
requests to be made electronically, especially where personal data are
processed by electronic means. The controller should be obliged to respond to
requests from the data subject without undue delay and at the latest within
one month and to give reasons where the controller does not intend to comply
with any such requests.

All good up to “and
to give reasons where the controller does not intend to comply with any such
requests.”

Hello? That means that if you request data from a controller – and the
controller says no – all the controller has to do is “give reasons.”

That’s ridiculous.

(60)

The principles of fair and transparent processing
require that the data subject be informed of the existence of the processing
operation and its purposes. The controller should provide the data subject
with any further information necessary to ensure fair and transparent
processing taking into account the specific circumstances and context in
which the personal data are processed. Furthermore, the data subject should
be informed of the existence of profiling and the consequences of such
profiling. Where the personal data are collected from the data subject, the data
subject should also be informed whether he or she is obliged to provide the
personal data and of the consequences, where he or she does not provide such
data. That information may be provided in combination with standardised icons
in order to give in an easily visible, intelligible and clearly legible
manner, a meaningful overview of the intended processing. Where the icons are
presented electronically, they should be machine-readable.

Can you provide an
example of a situation that falls under this paragraph? “Icons” to to provide
what info? Consequences for not
providing data? This could be absolutely horrifying: reveal your personal/financial/genetic/medical/business/relationship
records or go to jail.

(61)

The information in relation to the processing of
personal data relating to the data subject should be given to him or her at
the time of collection from the data subject, or, where the personal data are
obtained from another source, within a reasonable period, depending on the
circumstances of the case. Where personal data can be legitimately disclosed
to another recipient, the data subject should be informed when the personal
data are first disclosed to the recipient. Where the controller intends to
process the personal data for a purpose other than that for which they were
collected, the controller should provide the data subject prior to that
further processing with information on that other purpose and other necessary
information. Where the origin of the personal data cannot be provided to the
data subject because various sources have been used, general information
should be provided.

Does this mean that
citizens will be contacted by people who identify themselves as
“controllers?” You know how creepy that sounds right?

(62)

However, it is not necessary to impose the
obligation to provide information where the data subject already possesses
the information, where the recording or disclosure of the personal data is
expressly laid down by law or where the provision of information to the data
subject proves to be impossible or would involve a disproportionate effort.
The latter could in particular be the case where processing is carried out
for archiving purposes in the public interest, scientific or historical
research purposes or statistical purposes. In that regard, the number of data
subjects, the age of the data and any appropriate safeguards adopted should
be taken into consideration.

A controller can
demand specific info for “statistical purposes” and there can be
“consequences” if you do not “comply?” Is that where this regulation is
going?

(63)

A data subject should have the right of access to
personal data which have been collected concerning him or her, and to
exercise that right easily and at reasonable intervals, in order to be aware
of, and verify, the lawfulness of the processing. This includes the right for
data subjects to have access to data concerning their health, for example the
data in their medical records containing information such as diagnoses,
examination results, assessments by treating physicians and any treatment or
interventions provided. Every data subject should therefore have the right to
know and obtain communication in particular with regard to the purposes for
which the personal data are processed, where possible the period for which
the personal data are processed, the recipients of the personal data, the
logic involved in any automatic personal data processing and, at least when
based on profiling, the consequences of such processing. Where possible, the
controller should be able to provide remote access to a secure system which
would provide the data subject with direct access to his or her personal
data. That right should not adversely affect the rights or freedoms of
others, including trade secrets or intellectual property and in particular
the copyright protecting the software. However, the result of those
considerations should not be a refusal to provide all information to the data
subject. Where the controller processes a large quantity of information concerning the data subject, the controller should be able to request that, before the information is delivered, the data subject specify the information or processing activities to which the request relates.

“the lawfulness of
the processing.” Right but what if a data subject considers the gathering of
specific data (like medical data), to be unlawful?

Next: how do we even find out who the controllers of our personal data are?

“large quantity” –
what is a “large quantity?”

(64)

The controller should use all reasonable measures to
verify the identity of a data subject who requests access, in particular in
the context of online services and online identifiers. A controller should
not retain personal data for the sole purpose of being able to react to
potential requests.

Ha ha ha, that’s
actually pretty funny. So the data is collected and requested, but then there
can be fraudulent data requests. Likely, the perpetrators of fraud will be
better equipped to satisfy the requirements of identity verification than the
natural persons themselves.

(65)

A data subject should have the right to have
personal data concerning him or her rectified and a ‘right to be forgotten’
where the retention of such data infringes this Regulation or Union or
Member State law to which the controller is subject. In particular, a
data subject should have the right to have his or her personal data erased
and no longer processed where the personal data are no longer necessary in
relation to the purposes for which they are collected or otherwise processed,
where a data subject has withdrawn his or her consent or objects to the
processing of personal data concerning him or her, or where the processing of
his or her personal data does not otherwise comply with this Regulation. That
right is relevant in particular where the data subject has given his or her
consent as a child and is not fully aware of the risks involved by the
processing, and later wants to remove such personal data, especially on the
internet. The data subject should be able to exercise that right
notwithstanding the fact that he or she is no longer a child. However, the
further retention of the personal data should be lawful where it is
necessary, for exercising the right of freedom of expression and information,
for compliance with a legal obligation, for the performance of a task carried
out in the public interest or in the exercise of official authority vested in
the controller, on the grounds of public interest in the area of public
health, for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes, or for the
establishment, exercise or defence of legal claims.

The “right to be
forgotten” is scary. I have the right to be remembered. Thank you. Also, you
can “remember” that you infringed on my rights to data privacy and therefore
leave me alone.

I actually do
withdraw my consent to have my personal data & the data of any and all of
my current & future children (data of any kind) housed anywhere but in
paper form, in my home, where I have the authority to determine who may enter
and who may not.

Also, as a child, I
took a “special test” that I have since found out was a military test. I now
demand all of the data collected regarding that and other potential testing
done on me or surveillance of me. If it relates to me, then I require that
the data be sent to me.

Next: NO, the term
“in the public interest” is much too dangerous to be turned into a
regulation. It is very important for the public to reject the wording of this
regulation as it pertains to “public interest” and “for statistical
purposes,” and even worse: for scientific research purposes.

NO: consent must be
given if ones data is used in scientific research. Without consent, the
scientific research must be stopped and the responsible persons must be
charged for unlawful medical experimentation.

(66)

To strengthen the right to be forgotten in the
online environment, the right to erasure should also be extended in such a
way that a controller who has made the personal data public should be obliged
to inform the controllers which are processing such personal data to erase
any links to, or copies or replications of those personal data. In doing so,
that controller should take reasonable steps, taking into account available
technology and the means available to the controller, including technical
measures, to inform the controllers which are processing the personal data of
the data subject's request.

The right to be
forgotten is terrifying. We have the right to be accurately remembered, not
“forgotten.” Does this mean an “authority” considers it acceptable to “erase”
a natural person without that person’s consent?

(67)

Methods by which to restrict the processing of
personal data could include, inter alia, temporarily moving the selected data
to another processing system, making the selected personal data unavailable
to users, or temporarily removing published data from a website. In automated
filing systems, the restriction of processing should in principle be ensured
by technical means in such a manner that the personal data are not subject to
further processing operations and cannot be changed. The fact that the
processing of personal data is restricted should be clearly indicated in the
system.

(68)

To further strengthen the control over his or her
own data, where the processing of personal data is carried out by automated
means, the data subject should also be allowed to receive personal data concerning
him or her which he or she has provided to a controller in a structured,
commonly used, machine-readable and interoperable format, and to transmit it
to another controller. Data controllers should be encouraged to develop
interoperable formats that enable data portability. That right should apply
where the data subject provided the personal data on the basis of his or her
consent or the processing is necessary for the performance of a contract. It
should not apply where processing is based on a legal ground other than
consent or contract. By its very nature, that right should not be exercised
against controllers processing personal data in the exercise of their public
duties. It should therefore not apply where the processing of the personal
data is necessary for compliance with a legal obligation to which the
controller is subject or for the performance of a task carried out in the
public interest or in the exercise of an official authority vested in the
controller. The data subject's right to transmit or receive personal data
concerning him or her should not create an obligation for the controllers to
adopt or maintain processing systems which are technically compatible. Where,
in a certain set of personal data, more than one data subject is concerned,
the right to receive the personal data should be without prejudice to the rights and freedoms of other data subjects in accordance with this
Regulation. Furthermore, that right should not prejudice the right of the
data subject to obtain the erasure of personal data and the limitations of
that right as set out in this Regulation and should, in particular, not imply
the erasure of personal data concerning the data subject which have been
provided by him or her for the performance of a contract to the extent that
and for as long as the personal data are necessary for the performance of
that contract. Where technically feasible, the data subject should have the
right to have the personal data transmitted directly from one controller to
another.

“By its very nature,
that right should not be exercised against controllers processing personal
data in the exercise of their public duties.”

So if a bully winds up in authority, and a natural person wants to defend him
or herself – as long as the unlawful controlling of data is done as a “public duty,” then it’s OK…right?

It’s not OK to allow
natural persons to be bullied, harmed, or invaded – even if done under the
guise of “public duties.”

“It should not apply where processing is based on a legal ground other than
consent or contract.” Umm: so if a controller wants data for “statistical
purposes,” all bets are off regarding privacy rights – is that correct?

Also, all data
should be easily transportable…

(69)

Where personal data might lawfully be processed
because processing is necessary for the performance of a task carried out in
the public interest or in the exercise of official authority vested in the
controller, or on grounds of the legitimate interests of a controller or a
third party, a data subject should, nevertheless, be entitled to object to
the processing of any personal data relating to his or her particular
situation. It should be for the controller to demonstrate that its compelling
legitimate interest overrides the interests or the fundamental rights and
freedoms of the data subject.

And what happens if
you object? You have a right to object. So what? What happens then? Nothing?
The GDPR police come to your door and force you to reveal some information
you don’t want to reveal? You get arrested? What happens? You object and the
official authority then leaves you alone?

(70)

Where personal data are processed for the purposes
of direct marketing, the data subject should have the right to object to such
processing, including profiling to the extent that it is related to such
direct marketing, whether with regard to initial or further processing, at
any time and free of charge. That right should be explicitly brought to the
attention of the data subject and presented clearly and separately from any
other information.

Marketing is the
least of the worries for the public at this time. More relevant are the
legalization of: infringement upon human rights, usurpation of medical
rights, tracking, undue punishments, unfettered “power” to force citizens to
reveal information to “authorities,” etc.

(71)

The data subject should have the right not to be
subject to a decision, which may include a measure, evaluating personal
aspects relating to him or her which is based solely on automated processing
and which produces legal effects concerning him or her or similarly
significantly affects him or her, such as automatic refusal of an online
credit application or e-recruiting practices without any human intervention.
Such processing includes ‘profiling’ that consists of any form of automated
processing of personal data evaluating the personal aspects relating to a
natural person, in particular to analyse or predict aspects concerning the
data subject's performance at work, economic situation, health, personal
preferences or interests, reliability or behaviour, location or movements,
where it produces legal effects concerning him or her or similarly
significantly affects him or her. However, decision-making based on such
processing, including profiling, should be allowed where expressly authorised
by Union or Member State law to which the controller is subject,
including for fraud and tax-evasion monitoring and prevention purposes
conducted in accordance with the regulations, standards and recommendations
of Union institutions or national oversight bodies and to ensure the security
and reliability of a service provided by the controller, or necessary for the
entering or performance of a contract between the data subject and a
controller, or when the data subject has given his or her explicit consent.
In any case, such processing should be subject to suitable safeguards, which
should include specific information to the data subject and the right to
obtain human intervention, to express his or her point of view, to obtain an
explanation of the decision reached after such assessment and to challenge
the decision. Such measure should not concern a child.

In order to ensure fair and transparent processing
in respect of the data subject, taking into account the specific
circumstances and context in which the personal data are processed, the
controller should use appropriate mathematical or statistical procedures for
the profiling, implement technical and organisational measures appropriate to
ensure, in particular, that factors which result in inaccuracies in personal
data are corrected and the risk of errors is minimised, secure personal data
in a manner that takes account of the potential risks involved for the
interests and rights of the data subject and that prevents, inter alia,
discriminatory effects on natural persons on the basis of racial or ethnic
origin, political opinion, religion or beliefs, trade union membership,
genetic or health status or sexual orientation, or that result in measures
having such an effect. Automated decision-making and profiling based on
special categories of personal data should be allowed only under specific
conditions.

What if the “data
subject” is unaware of the processes?

(72)

Profiling is subject to the rules of this Regulation
governing the processing of personal data, such as the legal grounds for
processing or data protection principles. The European Data Protection Board
established by this Regulation (the ‘Board’) should be able to issue guidance
in that context.

Again with the
“should.” So what?

(73)

Restrictions concerning specific principles and the
rights of information, access to and rectification or erasure of personal
data, the right to data portability, the right to object, decisions based on
profiling, as well as the communication of a personal data breach to a data
subject and certain related obligations of the controllers may be imposed by
Union or Member State law, as far as necessary and proportionate in a
democratic society to safeguard public security, including the protection of
human life especially in response to natural or manmade disasters, the
prevention, investigation and prosecution of criminal offences or the
execution of criminal penalties, including the safeguarding against and the
prevention of threats to public security, or of breaches of ethics for
regulated professions, other important objectives of general public interest
of the Union or of a Member State, in particular an important economic or
financial interest of the Union or of a Member State, the keeping of public
registers kept for reasons of general public interest, further processing of
archived personal data to provide specific information related to the
political behaviour under former totalitarian state regimes or the protection
of the data subject or the rights and freedoms of others, including social
protection, public health and humanitarian purposes. Those restrictions
should be in accordance with the requirements set out in the Charter and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Who determines what
a “violation” is? Who determines what is in the general public interest? What
if a data subject disagrees with an authority’s determination regarding what
is considered to be in the general public interest?

(74)

The responsibility and liability of the controller
for any processing of personal data carried out by the controller or on the
controller's behalf should be established. In particular, the controller
should be obliged to implement appropriate and effective measures and be able
to demonstrate the compliance of processing activities with this Regulation,
including the effectiveness of the measures. Those measures should take into
account the nature, scope, context and purposes of the processing and the
risk to the rights and freedoms of natural persons.

Taking into account
“risk” means absolutely nothing. So what? A controller took into account
certain risks, and now 100,000 people have been harmed. Oh well. At least the
controller took the risks into account. Yay.

(75)

The risk to the rights and freedoms of natural
persons, of varying likelihood and severity, may result from personal data
processing which could lead to physical, material or non-material damage, in
particular: where the processing may give rise to discrimination, identity
theft or fraud, financial loss, damage to the reputation, loss of
confidentiality of personal data protected by professional secrecy,
unauthorised reversal of pseudonymisation, or any other significant economic
or social disadvantage; where data subjects might be deprived of their rights
and freedoms or prevented from exercising control over their personal data;
where personal data are processed which reveal racial or ethnic origin,
political opinions, religion or philosophical beliefs, trade union
membership, and the processing of genetic data, data concerning health or
data concerning sex life or criminal convictions and offences or related
security measures; where personal aspects are evaluated, in particular
analysing or predicting aspects concerning performance at work, economic
situation, health, personal preferences or interests, reliability or
behaviour, location or movements, in order to create or use personal
profiles; where personal data of vulnerable natural persons, in particular of
children, are processed; or where processing involves a large amount of
personal data and affects a large number of data subjects.

Umm: this regulation
allows for the varying likelihood and severity of risks based on specific
factors? “may result” as in “these risks are now allowed?”

(76)

The likelihood and severity of the risk to the
rights and freedoms of the data subject should be determined by reference to
the nature, scope, context and purposes of the processing. Risk should be
evaluated on the basis of an objective assessment, by which it is established
whether data processing operations involve a risk or a high risk.

Should – and so
what?

(77)

Guidance on the implementation of appropriate
measures and on the demonstration of compliance by the controller or the processor,
especially as regards the identification of the risk related to the
processing, their assessment in terms of origin, nature, likelihood and
severity, and the identification of best practices to mitigate the risk,
could be provided in particular by means of approved codes of conduct,
approved certifications, guidelines provided by the Board or indications
provided by a data protection officer. The Board may also issue guidelines on
processing operations that are considered to be unlikely to result in a high
risk to the rights and freedoms of natural persons and indicate what measures
may be sufficient in such cases to address such risk.

Guidance? From whom?
What exactly is a “risk?” “could be provided?”

(78)

The protection of the rights and freedoms of natural
persons with regard to the processing of personal data require that
appropriate technical and organisational measures be taken to ensure that the
requirements of this Regulation are met. In order to be able to demonstrate
compliance with this Regulation, the controller should adopt internal
policies and implement measures which meet in particular the principles of
data protection by design and data protection by default. Such measures could
consist, inter alia, of minimising the processing of personal data,
pseudonymising personal data as soon as possible, transparency with regard to
the functions and processing of personal data, enabling the data subject to
monitor the data processing, enabling the controller to create and improve
security features. When developing, designing, selecting and using
applications, services and products that are based on the processing of
personal data or process personal data to fulfil their task, producers of the
products, services and applications should be encouraged to take into account
the right to data protection when developing and designing such products,
services and applications and, with due regard to the state of the art, to
make sure that controllers and processors are able to fulfil their data protection
obligations. The principles of data protection by design and by default
should also be taken into consideration in the context of public tenders.

In the context of
public tenders? What are those in the context of this regulation?

(79)

The protection of the rights and freedoms of data
subjects as well as the responsibility and liability of controllers and
processors, also in relation to the monitoring by and measures of supervisory
authorities, requires a clear allocation of the responsibilities under this
Regulation, including where a controller determines the purposes and means of
the processing jointly with other controllers or where a processing operation
is carried out on behalf of a controller.

(80)

Where a controller or a processor not established in
the Union is processing personal data of data subjects who are in the Union
whose processing activities are related to the offering of goods or services,
irrespective of whether a payment of the data subject is required, to such
data subjects in the Union, or to the monitoring of their behaviour as far as
their behaviour takes place within the Union, the controller or the processor
should designate a representative, unless the processing is occasional, does
not include processing, on a large scale, of special categories of personal
data or the processing of personal data relating to criminal convictions and
offences, and is unlikely to result in a risk to the rights and freedoms of
natural persons, taking into account the nature, context, scope and purposes
of the processing or if the controller is a public authority or body. The
representative should act on behalf of the controller or the processor and
may be addressed by any supervisory authority. The representative should be
explicitly designated by a written mandate of the controller or of the
processor to act on its behalf with regard to its obligations under this
Regulation. The designation of such a representative does not affect the
responsibility or liability of the controller or of the processor under this
Regulation. Such a representative should perform its tasks according to the
mandate received from the controller or processor, including cooperating with the competent supervisory authorities with regard to any action taken to ensure compliance with this Regulation. The designated representative should be subject to enforcement proceedings in the event of non-compliance by the
controller or processor.

Who are these
“supervisory authorities?”

(81)

To ensure compliance with the requirements of this
Regulation in respect of the processing to be carried out by the processor on
behalf of the controller, when entrusting a processor with processing
activities, the controller should use only processors providing sufficient
guarantees, in particular in terms of expert knowledge, reliability and
resources, to implement technical and organisational measures which will meet
the requirements of this Regulation, including for the security of
processing. The adherence of the processor to an approved code of conduct or
an approved certification mechanism may be used as an element to demonstrate
compliance with the obligations of the controller. The carrying-out of
processing by a processor should be governed by a contract or other legal act
under Union or Member State law, binding the processor to the controller,
setting out the subject-matter and duration of the processing, the nature and
purposes of the processing, the type of personal data and categories of data
subjects, taking into account the specific tasks and responsibilities of the
processor in the context of the processing to be carried out and the risk to
the rights and freedoms of the data subject. The controller and processor may
choose to use an individual contract or standard contractual clauses which
are adopted either directly by the Commission or by a supervisory authority
in accordance with the consistency mechanism and then adopted by the Commission. After the completion of the processing on behalf of the controller, the processor should, at the choice of the controller, return or delete the personal data, unless there is a requirement to store the personal
data under Union or Member State law to which the processor is subject.

Just because a code
of conduct is “approved” does not mean it will be ethical. Now there are
“processors” in play as well. Controllers and processors and data subjects –
the whole thing sounds like a really creepy and not particularly interesting
action movie.

The “Commission” a
“Supervisory Authority?”

This is supposed to be transparent? It’s not.

(82)

In order to demonstrate compliance with this
Regulation, the controller or processor should maintain records of processing
activities under its responsibility. Each controller and processor should be
obliged to cooperate with the supervisory authority and make those records,
on request, available to it, so that it might serve for monitoring those
processing operations.

Where are our
“supervisory authorities” to be found? How can we verify that that
supervisory authorities are not malicious?

(83)

In order to maintain security and to prevent
processing in infringement of this Regulation, the controller or processor
should evaluate the risks inherent in the processing and implement measures
to mitigate those risks, such as encryption. Those measures should ensure an
appropriate level of security, including confidentiality, taking into account
the state of the art and the costs of implementation in relation to the risks
and the nature of the personal data to be protected. In assessing data
security risk, consideration should be given to the risks that are presented
by personal data processing, such as accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to, personal data
transmitted, stored or otherwise processed which may in particular lead to
physical, material or non-material damage.

Evaluate and
mitigate “risks,” OK, but what is a “risk?” Ahh there are a few: unlawful
destruction, loss, alteration, disclosure, etc.

(84)

In order to enhance compliance with this Regulation
where processing operations are likely to result in a high risk to the rights
and freedoms of natural persons, the controller should be responsible for the
carrying-out of a data protection impact assessment to evaluate, in
particular, the origin, nature, particularity and severity of that risk. The
outcome of the assessment should be taken into account when determining the
appropriate measures to be taken in order to demonstrate that the processing
of personal data complies with this Regulation. Where a data-protection
impact assessment indicates that processing operations involve a high risk
which the controller cannot mitigate by appropriate measures in terms of
available technology and costs of implementation, a consultation of the
supervisory authority should take place prior to the processing.

Who pays for all of
this? Where are supervisory authorities found?

(85)

A personal data breach may, if not addressed in an
appropriate and timely manner, result in physical, material or non-material
damage to natural persons such as loss of control over their personal data or
limitation of their rights, discrimination, identity theft or fraud,
financial loss, unauthorised reversal of pseudonymisation, damage to
reputation, loss of confidentiality of personal data protected by
professional secrecy or any other significant economic or social disadvantage
to the natural person concerned. Therefore, as soon as the controller becomes
aware that a personal data breach has occurred, the controller should notify
the personal data breach to the supervisory authority without undue delay
and, where feasible, not later than 72 hours after having become aware of it,
unless the controller is able to demonstrate, in accordance with the
accountability principle, that the personal data breach is unlikely to result
in a risk to the rights and freedoms of natural persons. Where such
notification cannot be achieved within 72 hours, the reasons for the delay
should accompany the notification and information may be provided in phases
without undue further delay.

Is there really such
a thing as a “data breach?” What if the data is HACKED? Why not chase after
the criminals and the hackers? Why hold controllers of data responsible for
the actions of criminals?

(86)

The controller should communicate to the data
subject a personal data breach, without undue delay, where that personal data
breach is likely to result in a high risk to the rights and freedoms of the
natural person in order to allow him or her to take the necessary
precautions. The communication should describe the nature of the personal
data breach as well as recommendations for the natural person concerned to
mitigate potential adverse effects. Such communications to data subjects
should be made as soon as reasonably feasible and in close cooperation with
the supervisory authority, respecting guidance provided by it or by other
relevant authorities such as law-enforcement authorities. For example, the
need to mitigate an immediate risk of damage would call for prompt
communication with data subjects whereas the need to implement appropriate
measures against continuing or similar personal data breaches may justify
more time for communication.

At least
law-enforcement authorities are mentioned, but really: what about catching
the criminals?

(87)

It should be ascertained whether all appropriate
technological protection and organisational measures have been implemented to
establish immediately whether a personal data breach has taken place and to
inform promptly the supervisory authority and the data subject. The fact that
the notification was made without undue delay should be established taking
into account in particular the nature and gravity of the personal data breach
and its consequences and adverse effects for the data subject. Such
notification may result in an intervention of the supervisory authority in
accordance with its tasks and powers laid down in this Regulation.

What about just
catching criminals? Honestly, if a friend stays over at your place and
forgets his/her diary on your couch – are you “allowed” to read it without
your friend’s consent? No, you are not. Privacy and respecting others is not
a complicated process. It just involves not accessing information or data
that you do not have permission to access. It’s actually an extremely simple
fundamental code of conduct.

Why does this
regulation concentrate so much on “controllers,” instead of criminals?

(88)

In setting detailed rules concerning the format and
procedures applicable to the notification of personal data breaches, due
consideration should be given to the circumstances of that breach, including
whether or not personal data had been protected by appropriate technical
protection measures, effectively limiting the likelihood of identity fraud or
other forms of misuse. Moreover, such rules and procedures should take into
account the legitimate interests of law-enforcement authorities where early
disclosure could unnecessarily hamper the investigation of the circumstances
of a personal data breach.

I mean yay, but if
someone breaks into your house, I think you’ll call the authorities. If
someone sets your home on fire – the police and the fire department need to
be involved.

(89)

Directive 95/46/EC provided for a general obligation
to notify the processing of personal data to the supervisory authorities.
While that obligation produces administrative and financial burdens, it did
not in all cases contribute to improving the protection of personal data.
Such indiscriminate general notification obligations should therefore be
abolished, and replaced by effective procedures and mechanisms which focus
instead on those types of processing operations which are likely to result in
a high risk to the rights and freedoms of natural persons by virtue of their nature,
scope, context and purposes. Such types of processing operations may be those
which in, particular, involve using new technologies, or are of a new kind
and where no data protection impact assessment has been carried out before by
the controller, or where they become necessary in the light of the time that
has elapsed since the initial processing.

The technology does
not matter. You are not allowed to read another person’s diary, even if it’s
left on your couch. New technologies simply don’t matter.

(90)

In such cases, a data protection impact assessment
should be carried out by the controller prior to the processing in order to
assess the particular likelihood and severity of the high risk, taking into
account the nature, scope, context and purposes of the processing and the
sources of the risk. That impact assessment should include, in particular,
the measures, safeguards and mechanisms envisaged for mitigating that risk,
ensuring the protection of personal data and demonstrating compliance with
this Regulation.

Data protection
impact assessments must be carried out – by every single business,
organization, etc. – when using “new technologies?” What is “new?”

(91)

This should in particular apply to large-scale
processing operations which aim to process a considerable amount of personal
data at regional, national or supranational level and which could affect a
large number of data subjects and which are likely to result in a high risk,
for example, on account of their sensitivity, where in accordance with the
achieved state of technological knowledge a new technology is used on a large
scale as well as to other processing operations which result in a high risk
to the rights and freedoms of data subjects, in particular where those
operations render it more difficult for data subjects to exercise their
rights. A data protection impact assessment should also be made where
personal data are processed for taking decisions regarding specific natural
persons following any systematic and extensive evaluation of personal aspects
relating to natural persons based on profiling those data or following the
processing of special categories of personal data, biometric data, or data on
criminal convictions and offences or related security measures. A data protection
impact assessment is equally required for monitoring publicly accessible
areas on a large scale, especially when using optic-electronic devices or for
any other operations where the competent supervisory authority considers that
the processing is likely to result in a high risk to the rights and freedoms
of data subjects, in particular because they prevent data subjects from
exercising a right or using a service or a contract, or because they are carried out systematically on a large scale. The processing of personal data should not be considered to be on a large scale if the processing concerns
personal data from patients or clients by an individual physician, other
health care professional or lawyer. In such cases, a data protection impact
assessment should not be mandatory.

“regarding specific
natural persons following any systematic and extensive evaluation of personal
aspects relating to natural persons based on profiling those data or
following the processing of special categories of personal data, biometric
data, or data on criminal convictions and offences or related security
measures.”
so what you are saying is that large-scale processing operations have been
spying on citizens?

What about making large-scale processing of personal or biometric data –
illegal?

(92)

There are circumstances under which it may be
reasonable and economical for the subject of a data protection impact
assessment to be broader than a single project, for example where public
authorities or bodies intend to establish a common application or processing
platform or where several controllers plan to introduce a common application
or processing environment across an industry sector or segment or for a
widely used horizontal activity.

a horizontal
activity? Seriously?

(93)

In the context of the adoption of the Member State
law on which the performance of the tasks of the public authority or public
body is based and which regulates the specific processing operation or set of
operations in question, Member States may deem it necessary to carry out such
assessment prior to the processing activities.

Sure maybe maybe
not, whatevvz. A regulation is not about “maybes,” a regulation is a
regulation.

(94)

Where a data protection impact assessment indicates
that the processing would, in the absence of safeguards, security measures
and mechanisms to mitigate the risk, result in a high risk to the rights and
freedoms of natural persons and the controller is of the opinion that the
risk cannot be mitigated by reasonable means in terms of available
technologies and costs of implementation, the supervisory authority should be
consulted prior to the start of processing activities. Such high risk is
likely to result from certain types of processing and the extent and
frequency of processing, which may result also in a realisation of damage or
interference with the rights and freedoms of the natural person. The
supervisory authority should respond to the request for consultation within a
specified period. However, the absence of a reaction of the supervisory
authority within that period should be without prejudice to any intervention
of the supervisory authority in accordance with its tasks and powers laid
down in this Regulation, including the power to prohibit processing
operations. As part of that consultation process, the outcome of a data
protection impact assessment carried out with regard to the processing at
issue may be submitted to the supervisory authority, in particular the
measures envisaged to mitigate the risk to the rights and freedoms of natural
persons.

What are some
concrete examples?

(95)

The processor should assist the controller, where
necessary and upon request, in ensuring compliance with the obligations
deriving from the carrying out of data protection impact assessments and from
prior consultation of the supervisory authority.

Who is the
“supervisory authority” and why?

(96)

A consultation of the supervisory authority should
also take place in the course of the preparation of a legislative or
regulatory measure which provides for the processing of personal data, in
order to ensure compliance of the intended processing with this Regulation
and in particular to mitigate the risk involved for the data subject.

(97)

Where the processing is carried out by a public
authority, except for courts or independent judicial authorities when acting
in their judicial capacity, where, in the private sector, processing is
carried out by a controller whose core activities consist of processing
operations that require regular and systematic monitoring of the data
subjects on a large scale, or where the core activities of the controller or
the processor consist of processing on a large scale of special categories of
personal data and data relating to criminal convictions and offences, a
person with expert knowledge of data protection law and practices should
assist the controller or processor to monitor internal compliance with this
Regulation. In the private sector, the core activities of a controller relate
to its primary activities and do not relate to the processing of personal
data as ancillary activities. The necessary level of expert knowledge should
be determined in particular according to the data processing operations
carried out and the protection required for the personal data processed by
the controller or the processor. Such data protection officers, whether or
not they are an employee of the controller, should be in a position to
perform their duties and tasks in an independent manner.

A person with expert
knowledge eh? Oh – but except for courts or in the private sector. Fluffidy
who?

(98)

Associations or other bodies representing categories
of controllers or processors should be encouraged to draw up codes of
conduct, within the limits of this Regulation, so as to facilitate the
effective application of this Regulation, taking account of the specific
characteristics of the processing carried out in certain sectors and the
specific needs of micro, small and medium enterprises. In particular, such
codes of conduct could calibrate the obligations of controllers and
processors, taking into account the risk likely to result from the processing
for the rights and freedoms of natural persons.

Now obligations need
to be “calibrated?” Who came up with this?

(99)

When drawing up a code of conduct, or when amending
or extending such a code, associations and other bodies representing
categories of controllers or processors should consult relevant stakeholders,
including data subjects where feasible, and have regard to submissions
received and views expressed in response to such consultations.

Again “should” eh –
should may could might ok maybe. LOL.

(100)

In order to enhance transparency and compliance with
this Regulation, the establishment of certification mechanisms and data
protection seals and marks should be encouraged, allowing data subjects to
quickly assess the level of data protection of relevant products and
services.

(101)

Flows of personal data to and from countries outside
the Union and international organisations are necessary for the expansion of
international trade and international cooperation. The increase in such flows
has raised new challenges and concerns with regard to the protection of personal
data. However, when personal data are transferred from the Union to
controllers, processors or other recipients in third countries or to
international organisations, the level of protection of natural persons
ensured in the Union by this Regulation should not be undermined, including
in cases of onward transfers of personal data from the third country or
international organisation to controllers, processors in the same or another
third country or international organisation. In any event, transfers to third
countries and international organisations may only be carried out in full
compliance with this Regulation. A transfer could take place only if, subject
to the other provisions of this Regulation, the conditions laid down in the
provisions of this Regulation relating to the transfer of personal data to
third countries or international organisations are complied with by the
controller or processor.

The level of this
undefined “protection” that can be usurped at anytime for reasons of science
or “for statistical purposes?”

(102)

This Regulation is without prejudice to
international agreements concluded between the Union and third countries
regulating the transfer of personal data including appropriate safeguards for
the data subjects. Member States may conclude international agreements which
involve the transfer of personal data to third countries or international
organisations, as far as such agreements do not affect this Regulation or any
other provisions of Union law and include an appropriate level of protection
for the fundamental rights of the data subjects.

Oh really, Member
states are allowed to finish up their international agreements, just so long
as those don’t affect this Regulation? What if a Member State has a much
stronger code of ethics and stance on data privacy?

(103)

The Commission may decide with effect for the entire
Union that a third country, a territory or specified sector within a third
country, or an international organisation, offers an adequate level of data
protection, thus providing legal certainty and uniformity throughout the
Union as regards the third country or international organisation which is
considered to provide such level of protection. In such cases, transfers of
personal data to that third country or international organisation may take
place without the need to obtain any further authorisation. The Commission
may also decide, having given notice and a full statement setting out the
reasons to the third country or international organisation, to revoke such a
decision.

Ahh – if some are
adequate – others will be inadequate.

(104)

In line with the fundamental values on which the
Union is founded, in particular the protection of human rights, the
Commission should, in its assessment of the third country, or of a territory
or specified sector within a third country, take into account how a
particular third country respects the rule of law, access to justice as well
as international human rights norms and standards and its general and
sectoral law, including legislation concerning public security, defence and
national security as well as public order and criminal law. The adoption of
an adequacy decision with regard to a territory or a specified sector in a
third country should take into account clear and objective criteria, such as
specific processing activities and the scope of applicable legal standards
and legislation in force in the third country. The third country should offer
guarantees ensuring an adequate level of protection essentially equivalent to
that ensured within the Union, in particular where personal data are
processed in one or several specific sectors. In particular, the third
country should ensure effective independent data protection supervision and
should provide for cooperation mechanisms with the Member States' data
protection authorities, and the data subjects should be provided with
effective and enforceable rights and effective administrative and judicial
redress.

Adequacy decision?
Who is going to pay for all this supervision? Honestly. Why not just go after
criminals?

(105)

Apart from the international commitments the third
country or international organisation has entered into, the Commission should
take account of obligations arising from the third country's or international
organisation's participation in multilateral or regional systems in
particular in relation to the protection of personal data, as well as the
implementation of such obligations. In particular, the third country's
accession to the Council of Europe Convention of 28 January 1981
for the Protection of Individuals with regard to the Automatic Processing of
Personal Data and its Additional Protocol should be taken into account. The
Commission should consult the Board when assessing the level of protection in
third countries or international organisations.

(106)

The Commission should monitor the functioning of
decisions on the level of protection in a third country, a territory or
specified sector within a third country, or an international organisation,
and monitor the functioning of decisions adopted on the basis of
Article 25(6) or Article 26(4) of Directive 95/46/EC. In its
adequacy decisions, the Commission should provide for a periodic review
mechanism of their functioning. That periodic review should be conducted in
consultation with the third country or international organisation in question
and take into account all relevant developments in the third country or
international organisation. For the purposes of monitoring and of carrying
out the periodic reviews, the Commission should take into consideration the
views and findings of the European Parliament and of the Council as well as
of other relevant bodies and sources. The Commission should evaluate, within
a reasonable time, the functioning of the latter decisions and report any
relevant findings to the Committee within the meaning of Regulation (EU)
No 182/2011 of the European Parliament and of the Council (12) as established under this Regulation, to the European Parliament and to the
Council.

(107)

The Commission may recognise that a third country, a
territory or a specified sector within a third country, or an international
organisation no longer ensures an adequate level of data protection.
Consequently the transfer of personal data to that third country or
international organisation should be prohibited, unless the requirements in
this Regulation relating to transfers subject to appropriate safeguards,
including binding corporate rules, and derogations for specific situations
are fulfilled. In that case, provision should be made for consultations
between the Commission and such third countries or international
organisations. The Commission should, in a timely manner, inform the third
country or international organisation of the reasons and enter into
consultations with it in order to remedy the situation.

What on earth kind
of data is changing hands here?

(108)

In the absence of an adequacy decision, the
controller or processor should take measures to compensate for the lack of
data protection in a third country by way of appropriate safeguards for the
data subject. Such appropriate safeguards may consist of making use of
binding corporate rules, standard data protection clauses adopted by the
Commission, standard data protection clauses adopted by a supervisory
authority or contractual clauses authorised by a supervisory authority. Those
safeguards should ensure compliance with data protection requirements and the
rights of the data subjects appropriate to processing within the Union,
including the availability of enforceable data subject rights and of
effective legal remedies, including to obtain effective administrative or
judicial redress and to claim compensation, in the Union or in a third
country. They should relate in particular to compliance with the general
principles relating to personal data processing, the principles of data
protection by design and by default. Transfers may also be carried out by
public authorities or bodies with public authorities or bodies in third
countries or with international organisations with corresponding duties or
functions, including on the basis of provisions to be inserted into
administrative arrangements, such as a memorandum of understanding, providing
for enforceable and effective rights for data subjects. Authorisation by the
competent supervisory authority should be obtained when the safeguards are provided for in administrative arrangements that are not legally binding.

Not legally binding
safeguards?

(109)

The possibility for the controller or processor to
use standard data-protection clauses adopted by the Commission or by a
supervisory authority should prevent controllers or processors neither from
including the standard data-protection clauses in a wider contract, such as a
contract between the processor and another processor, nor from adding other
clauses or additional safeguards provided that they do not contradict,
directly or indirectly, the standard contractual clauses adopted by the
Commission or by a supervisory authority or prejudice the fundamental rights
or freedoms of the data subjects. Controllers and processors should be
encouraged to provide additional safeguards via contractual commitments that
supplement standard protection clauses.

(110)

A group of undertakings, or a group of enterprises
engaged in a joint economic activity, should be able to make use of approved
binding corporate rules for its international transfers from the Union to
organisations within the same group of undertakings, or group of enterprises
engaged in a joint economic activity, provided that such corporate rules
include all essential principles and enforceable rights to ensure appropriate
safeguards for transfers or categories of transfers of personal data.

(111)

Provisions should be made for the possibility for
transfers in certain circumstances where the data subject has given his or
her explicit consent, where the transfer is occasional and necessary in
relation to a contract or a legal claim, regardless of whether in a judicial
procedure or whether in an administrative or any out-of-court procedure,
including procedures before regulatory bodies. Provision should also be made
for the possibility for transfers where important grounds of public interest
laid down by Union or Member State law so require or where the transfer
is made from a register established by law and intended for consultation by
the public or persons having a legitimate interest. In the latter case, such
a transfer should not involve the entirety of the personal data or entire
categories of the data contained in the register and, when the register is
intended for consultation by persons having a legitimate interest, the transfer
should be made only at the request of those persons or, if they are to be the
recipients, taking into full account the interests and fundamental rights of
the data subject.

A “legitimate
interest?”

“such a transfer should not involve the entirety of the personal data or
entire categories of the data contained in the register”
“the register?”

so you can get parts, but not all – who even evaluates the parts you have
access to or don’t have access to? Who on earth is sitting around reading all
this data? Also: what are we talking about here? What has been assessed?

(112)

Those derogations should in particular apply to data
transfers required and necessary for important reasons of public interest,
for example in cases of international data exchange between competition
authorities, tax or customs administrations, between financial supervisory
authorities, between services competent for social security matters, or for
public health, for example in the case of contact tracing for contagious
diseases or in order to reduce and/or eliminate doping in sport. A transfer
of personal data should also be regarded as lawful where it is necessary to
protect an interest which is essential for the data subject's or another
person's vital interests, including physical integrity or life, if the data
subject is incapable of giving consent. In the absence of an adequacy
decision, Union or Member State law may, for important reasons of public
interest, expressly set limits to the transfer of specific categories of data
to a third country or an international organisation. Member States
should notify such provisions to the Commission. Any transfer to an
international humanitarian organisation of personal data of a data subject
who is physically or legally incapable of giving consent, with a view to
accomplishing a task incumbent under the Geneva Conventions or to complying
with international humanitarian law applicable in armed conflicts, could be
considered to be necessary for an important reason of public interest or
because it is in the vital interest of the data subject.

This paragraph can
easily be used for evil purposes.

(113)

Transfers which can be qualified as not repetitive
and that only concern a limited number of data subjects, could also be
possible for the purposes of the compelling legitimate interests pursued by
the controller, when those interests are not overridden by the interests or
rights and freedoms of the data subject and when the controller has assessed
all the circumstances surrounding the data transfer. The controller should
give particular consideration to the nature of the personal data, the purpose
and duration of the proposed processing operation or operations, as well as
the situation in the country of origin, the third country and the country of
final destination, and should provide suitable safeguards to protect
fundamental rights and freedoms of natural persons with regard to the
processing of their personal data. Such transfers should be possible only in
residual cases where none of the other grounds for transfer are applicable.
For scientific or historical research purposes or statistical purposes, the
legitimate expectations of society for an increase of knowledge should be
taken into consideration. The controller should inform the supervisory
authority and the data subject about the transfer.

“increase of
knowledge?” just an “increase” and in “residual cases?”

(114)

In any case, where the Commission has taken no
decision on the adequate level of data protection in a third country, the
controller or processor should make use of solutions that provide data
subjects with enforceable and effective rights as regards the processing of
their data in the Union once those data have been transferred so that that
they will continue to benefit from fundamental rights and safeguards.

What if the
Commission is wrong about certain rights?

(115)

Some third countries adopt laws, regulations and
other legal acts which purport to directly regulate the processing activities
of natural and legal persons under the jurisdiction of the
Member States. This may include judgments of courts or tribunals or
decisions of administrative authorities in third countries requiring a
controller or processor to transfer or disclose personal data, and which are
not based on an international agreement, such as a mutual legal assistance
treaty, in force between the requesting third country and the Union or a
Member State. The extraterritorial application of those laws, regulations and
other legal acts may be in breach of international law and may impede the
attainment of the protection of natural persons ensured in the Union by this
Regulation. Transfers should only be allowed where the conditions of this
Regulation for a transfer to third countries are met. This may be the case,
inter alia, where disclosure is necessary for an important ground of public
interest recognised in Union or Member State law to which the controller is
subject.

(116)

When personal data moves across borders outside the
Union it may put at increased risk the ability of natural persons to exercise
data protection rights in particular to protect themselves from the unlawful
use or disclosure of that information. At the same time, supervisory
authorities may find that they are unable to pursue complaints or conduct
investigations relating to the activities outside their borders. Their efforts
to work together in the cross-border context may also be hampered by
insufficient preventative or remedial powers, inconsistent legal regimes, and
practical obstacles like resource constraints. Therefore, there is a need to
promote closer cooperation among data protection supervisory authorities to
help them exchange information and carry out investigations with their
international counterparts. For the purposes of developing international
cooperation mechanisms to facilitate and provide international mutual
assistance for the enforcement of legislation for the protection of personal
data, the Commission and the supervisory authorities should exchange
information and cooperate in activities related to the exercise of their
powers with competent authorities in third countries, based on reciprocity
and in accordance with this Regulation.

(117)

The establishment of supervisory authorities in
Member States, empowered to perform their tasks and exercise their powers
with complete independence, is an essential component of the protection of
natural persons with regard to the processing of their personal data. Member
States should be able to establish more than one supervisory authority, to
reflect their constitutional, organisational and administrative structure.

(118)

The independence of supervisory authorities should
not mean that the supervisory authorities cannot be subject to control or
monitoring mechanisms regarding their financial expenditure or to judicial
review.

Of course, I mean we
need bureaucracy to monitor the bureaucracy right?

(119)

Where a Member State establishes several supervisory
authorities, it should establish by law mechanisms for ensuring the effective
participation of those supervisory authorities in the consistency mechanism.
That Member State should in particular designate the supervisory authority
which functions as a single contact point for the effective participation of
those authorities in the mechanism, to ensure swift and smooth cooperation
with other supervisory authorities, the Board and the Commission.

(120)

Each supervisory authority should be provided with
the financial and human resources, premises and infrastructure necessary for
the effective performance of their tasks, including those related to mutual assistance
and cooperation with other supervisory authorities throughout the Union. Each
supervisory authority should have a separate, public annual budget, which may
be part of the overall state or national budget.

(121)

The general conditions for the member or members of
the supervisory authority should be laid down by law in each
Member State and should in particular provide that those members are to
be appointed, by means of a transparent procedure, either by the parliament,
government or the head of State of the Member State on the basis of a
proposal from the government, a member of the government, the parliament or a
chamber of the parliament, or by an independent body entrusted under
Member State law. In order to ensure the independence of the supervisory
authority, the member or members should act with integrity, refrain from any
action that is incompatible with their duties and should not, during their
term of office, engage in any incompatible occupation, whether gainful or
not. The supervisory authority should have its own staff, chosen by the
supervisory authority or an independent body established by Member State
law, which should be subject to the exclusive direction of the member or
members of the supervisory authority.

(122)

Each supervisory authority should be competent on
the territory of its own Member State to exercise the powers and to
perform the tasks conferred on it in accordance with this Regulation. This
should cover in particular the processing in the context of the activities of
an establishment of the controller or processor on the territory of its own
Member State, the processing of personal data carried out by public
authorities or private bodies acting in the public interest, processing
affecting data subjects on its territory or processing carried out by a
controller or processor not established in the Union when targeting data
subjects residing on its territory. This should include handling complaints
lodged by a data subject, conducting investigations on the application of
this Regulation and promoting public awareness of the risks, rules,
safeguards and rights in relation to the processing of personal data.

(123)

The supervisory authorities should monitor the
application of the provisions pursuant to this Regulation and contribute to
its consistent application throughout the Union, in order to protect natural
persons in relation to the processing of their personal data and to
facilitate the free flow of personal data within the internal market. For
that purpose, the supervisory authorities should cooperate with each other
and with the Commission, without the need for any agreement between
Member States on the provision of mutual assistance or on such
cooperation.

(124)

Where the processing of personal data takes place in
the context of the activities of an establishment of a controller or a
processor in the Union and the controller or processor is established in more
than one Member State, or where processing taking place in the context
of the activities of a single establishment of a controller or processor in
the Union substantially affects or is likely to substantially affect data
subjects in more than one Member State, the supervisory authority for the
main establishment of the controller or processor or for the single
establishment of the controller or processor should act as lead authority. It
should cooperate with the other authorities concerned, because the controller
or processor has an establishment on the territory of their Member State,
because data subjects residing on their territory are substantially affected,
or because a complaint has been lodged with them. Also where a data subject
not residing in that Member State has lodged a complaint, the
supervisory authority with which such complaint has been lodged should also
be a supervisory authority concerned. Within its tasks to issue guidelines on
any question covering the application of this Regulation, the Board should be
able to issue guidelines in particular on the criteria to be taken into
account in order to ascertain whether the processing in question
substantially affects data subjects in more than one Member State and on
what constitutes a relevant and reasoned objection.

(125)

The lead authority should be competent to adopt
binding decisions regarding measures applying the powers conferred on it in
accordance with this Regulation. In its capacity as lead authority, the
supervisory authority should closely involve and coordinate the supervisory
authorities concerned in the decision-making process. Where the decision is
to reject the complaint by the data subject in whole or in part, that
decision should be adopted by the supervisory authority with which the
complaint has been lodged.

Now there is a “Lead
Authority?”

(126)

The decision should be agreed jointly by the lead
supervisory authority and the supervisory authorities concerned and should be
directed towards the main or single establishment of the controller or
processor and be binding on the controller and processor. The controller or
processor should take the necessary measures to ensure compliance with this
Regulation and the implementation of the decision notified by the lead
supervisory authority to the main establishment of the controller or
processor as regards the processing activities in the Union.

(127)

Each supervisory authority not acting as the lead
supervisory authority should be competent to handle local cases where the
controller or processor is established in more than one Member State, but the
subject matter of the specific processing concerns only processing carried
out in a single Member State and involves only data subjects in that
single Member State, for example, where the subject matter concerns the
processing of employees' personal data in the specific employment context of
a Member State. In such cases, the supervisory authority should inform the
lead supervisory authority without delay about the matter. After being
informed, the lead supervisory authority should decide, whether it will
handle the case pursuant to the provision on cooperation between the lead
supervisory authority and other supervisory authorities concerned
(‘one-stop-shop mechanism’), or whether the supervisory authority which
informed it should handle the case at local level. When deciding whether it
will handle the case, the lead supervisory authority should take into account
whether there is an establishment of the controller or processor in the
Member State of the supervisory authority which informed it in order to
ensure effective enforcement of a decision vis-à-vis the controller or
processor. Where the lead supervisory authority decides to handle the case,
the supervisory authority which informed it should have the possibility to
submit a draft for a decision, of which the lead supervisory authority should
take utmost account when preparing its draft decision in that one-stop-shop
mechanism.

(128)

The rules on the lead supervisory authority and the
one-stop-shop mechanism should not apply where the processing is carried out
by public authorities or private bodies in the public interest. In such cases
the only supervisory authority competent to exercise the powers conferred to
it in accordance with this Regulation should be the supervisory authority of
the Member State where the public authority or private body is established.

(129)

In order to ensure consistent monitoring and
enforcement of this Regulation throughout the Union, the supervisory
authorities should have in each Member State the same tasks and effective
powers, including powers of investigation, corrective powers and sanctions,
and authorisation and advisory powers, in particular in cases of complaints
from natural persons, and without prejudice to the powers of prosecutorial
authorities under Member State law, to bring infringements of this Regulation
to the attention of the judicial authorities and engage in legal proceedings.
Such powers should also include the power to impose a temporary or definitive
limitation, including a ban, on processing. Member States may specify
other tasks related to the protection of personal data under this Regulation.
The powers of supervisory authorities should be exercised in accordance with
appropriate procedural safeguards set out in Union and Member State law,
impartially, fairly and within a reasonable time. In particular each measure
should be appropriate, necessary and proportionate in view of ensuring
compliance with this Regulation, taking into account the circumstances of
each individual case, respect the right of every person to be heard before
any individual measure which would affect him or her adversely is taken and
avoid superfluous costs and excessive inconveniences for the persons
concerned. Investigatory powers as regards access to premises should be
exercised in accordance with specific requirements in Member State procedural
law, such as the requirement to obtain a prior judicial authorisation. Each
legally binding measure of the supervisory authority should be in writing, be
clear and unambiguous, indicate the supervisory authority which has issued the
measure, the date of issue of the measure, bear the signature of the head, or
a member of the supervisory authority authorised by him or her, give the
reasons for the measure, and refer to the right of an effective remedy. This
should not preclude additional requirements pursuant to Member State
procedural law. The adoption of a legally binding decision implies that it
may give rise to judicial review in the Member State of the supervisory
authority that adopted the decision.

A ban on processing?
That means you can tell any company, organization, or individual to stop
sending emails – is that correct?

(130)

Where the supervisory authority with which the
complaint has been lodged is not the lead supervisory authority, the lead
supervisory authority should closely cooperate with the supervisory authority
with which the complaint has been lodged in accordance with the provisions on
cooperation and consistency laid down in this Regulation. In such cases, the
lead supervisory authority should, when taking measures intended to produce
legal effects, including the imposition of administrative fines, take utmost
account of the view of the supervisory authority with which the complaint has
been lodged and which should remain competent to carry out any investigation
on the territory of its own Member State in liaison with the competent
supervisory authority.

OK, I file a
complaint with the GDPR supervisory authority, that the GDPR violates the
privacy of natural persons worldwide, and that an effort instead must be made
to catch data criminals.

(131)

Where another supervisory authority should act as a
lead supervisory authority for the processing activities of the controller or
processor but the concrete subject matter of a complaint or the possible
infringement concerns only processing activities of the controller or
processor in the Member State where the complaint has been lodged or the
possible infringement detected and the matter does not substantially affect
or is not likely to substantially affect data subjects in other
Member States, the supervisory authority receiving a complaint or
detecting or being informed otherwise of situations that entail possible
infringements of this Regulation should seek an amicable settlement with the
controller and, if this proves unsuccessful, exercise its full range of
powers. This should include: specific processing carried out in the territory
of the Member State of the supervisory authority or with regard to data
subjects on the territory of that Member State; processing that is
carried out in the context of an offer of goods or services specifically
aimed at data subjects in the territory of the Member State of the
supervisory authority; or processing that has to be assessed taking into
account relevant legal obligations under Member State law.

(132)

Awareness-raising activities by supervisory
authorities addressed to the public should include specific measures directed
at controllers and processors, including micro, small and medium-sized enterprises,
as well as natural persons in particular in the educational context.

Awareness of what
specifically?

(133)

The supervisory authorities should assist each other
in performing their tasks and provide mutual assistance, so as to ensure the consistent
application and enforcement of this Regulation in the internal market. A
supervisory authority requesting mutual assistance may adopt a provisional
measure if it receives no response to a request for mutual assistance within
one month of the receipt of that request by the other supervisory authority.

(134)

Each supervisory authority should, where
appropriate, participate in joint operations with other supervisory
authorities. The requested supervisory authority should be obliged to respond
to the request within a specified time period.

(135)

In order to ensure the consistent application of
this Regulation throughout the Union, a consistency mechanism for cooperation
between the supervisory authorities should be established. That mechanism
should in particular apply where a supervisory authority intends to adopt a
measure intended to produce legal effects as regards processing operations
which substantially affect a significant number of data subjects in several
Member States. It should also apply where any supervisory authority concerned
or the Commission requests that such matter should be handled in the
consistency mechanism. That mechanism should be without prejudice to any
measures that the Commission may take in the exercise of its powers under the
Treaties.

(136)

In applying the consistency mechanism, the Board
should, within a determined period of time, issue an opinion, if a majority
of its members so decides or if so requested by any supervisory authority
concerned or the Commission. The Board should also be empowered to adopt
legally binding decisions where there are disputes between supervisory
authorities. For that purpose, it should issue, in principle by a two-thirds
majority of its members, legally binding decisions in clearly specified cases
where there are conflicting views among supervisory authorities, in
particular in the cooperation mechanism between the lead supervisory
authority and supervisory authorities concerned on the merits of the case, in
particular whether there is an infringement of this Regulation.

(137)

There may be an urgent need to act in order to
protect the rights and freedoms of data subjects, in particular when the
danger exists that the enforcement of a right of a data subject could be
considerably impeded. A supervisory authority should therefore be able to
adopt duly justified provisional measures on its territory with a specified
period of validity which should not exceed three months.

(138)

The application of such mechanism should be a
condition for the lawfulness of a measure intended to produce legal effects
by a supervisory authority in those cases where its application is mandatory.
In other cases of cross-border relevance, the cooperation mechanism between
the lead supervisory authority and supervisory authorities concerned should
be applied and mutual assistance and joint operations might be carried out
between the supervisory authorities concerned on a bilateral or multilateral
basis without triggering the consistency mechanism.

(139)

In order to promote the consistent application of
this Regulation, the Board should be set up as an independent body of the
Union. To fulfil its objectives, the Board should have legal personality. The
Board should be represented by its Chair. It should replace the Working Party
on the Protection of Individuals with Regard to the Processing of Personal
Data established by Directive 95/46/EC. It should consist of the head of
a supervisory authority of each Member State and the European Data Protection
Supervisor or their respective representatives. The Commission should
participate in the Board's activities without voting rights and the European
Data Protection Supervisor should have specific voting rights. The Board
should contribute to the consistent application of this Regulation throughout
the Union, including by advising the Commission, in particular on the level
of protection in third countries or international organisations, and
promoting cooperation of the supervisory authorities throughout the Union.
The Board should act independently when performing its tasks.

(140)

The Board should be assisted by a secretariat
provided by the European Data Protection Supervisor. The staff of the
European Data Protection Supervisor involved in carrying out the tasks conferred
on the Board by this Regulation should perform its tasks exclusively under
the instructions of, and report to, the Chair of the Board.

(141)

Every data subject should have the right to lodge a
complaint with a single supervisory authority, in particular in the
Member State of his or her habitual residence, and the right to an
effective judicial remedy in accordance with Article 47 of the Charter
if the data subject considers that his or her rights under this Regulation
are infringed or where the supervisory authority does not act on a complaint,
partially or wholly rejects or dismisses a complaint or does not act where
such action is necessary to protect the rights of the data subject. The
investigation following a complaint should be carried out, subject to
judicial review, to the extent that is appropriate in the specific case. The
supervisory authority should inform the data subject of the progress and the
outcome of the complaint within a reasonable period. If the case requires
further investigation or coordination with another supervisory authority,
intermediate information should be given to the data subject. In order to
facilitate the submission of complaints, each supervisory authority should
take measures such as providing a complaint submission form which can also be
completed electronically, without excluding other means of communication.

(142)

Where a data subject considers that his or her
rights under this Regulation are infringed, he or she should have the right
to mandate a not-for-profit body, organisation or association which is
constituted in accordance with the law of a Member State, has statutory
objectives which are in the public interest and is active in the field of the
protection of personal data to lodge a complaint on his or her behalf with a
supervisory authority, exercise the right to a judicial remedy on behalf of
data subjects or, if provided for in Member State law, exercise the
right to receive compensation on behalf of data subjects. A Member State
may provide for such a body, organisation or association to have the right to
lodge a complaint in that Member State, independently of a data subject's
mandate, and the right to an effective judicial remedy where it has reasons
to consider that the rights of a data subject have been infringed as a result
of the processing of personal data which infringes this Regulation. That
body, organisation or association may not be allowed to claim compensation on
a data subject's behalf independently of the data subject's mandate.

Why must the body be
not-for-profit and how can you have a “right” to “mandate?” So I can
“mandate” that a Friends of Fly Fishing not for profit to lodge a complaint
on my behalf – any ole not for profit will do – and a data subject can
“mandate” it?

(143)

Any natural or legal person has the right to bring
an action for annulment of decisions of the Board before the Court of Justice
under the conditions provided for in Article 263 TFEU. As
addressees of such decisions, the supervisory authorities concerned which wish
to challenge them have to bring action within two months of being notified of
them, in accordance with Article 263 TFEU. Where decisions of the Board
are of direct and individual concern to a controller, processor or
complainant, the latter may bring an action for annulment against those
decisions within two months of their publication on the website of the Board,
in accordance with Article 263 TFEU. Without prejudice to this
right under Article 263 TFEU, each natural or legal person should
have an effective judicial remedy before the competent national court against
a decision of a supervisory authority which produces legal effects concerning
that person. Such a decision concerns in particular the exercise of
investigative, corrective and authorisation powers by the supervisory
authority or the dismissal or rejection of complaints. However, the right to
an effective judicial remedy does not encompass measures taken by supervisory
authorities which are not legally binding, such as opinions issued by or advice
provided by the supervisory authority. Proceedings against a supervisory
authority should be brought before the courts of the Member State where the
supervisory authority is established and should be conducted in accordance
with that Member State's procedural law. Those courts should exercise
full jurisdiction, which should include jurisdiction to examine all questions
of fact and law relevant to the dispute before them.

Where a complaint has been rejected or dismissed by
a supervisory authority, the complainant may bring proceedings before the
courts in the same Member State. In the context of judicial remedies relating
to the application of this Regulation, national courts which consider a
decision on the question necessary to enable them to give judgment, may, or
in the case provided for in Article 267 TFEU, must, request the
Court of Justice to give a preliminary ruling on the interpretation of Union
law, including this Regulation. Furthermore, where a decision of a
supervisory authority implementing a decision of the Board is challenged
before a national court and the validity of the decision of the Board is at
issue, that national court does not have the power to declare the Board's
decision invalid but must refer the question of validity to the Court of
Justice in accordance with Article 267 TFEU as interpreted by the
Court of Justice, where it considers the decision invalid. However, a
national court may not refer a question on the validity of the decision of
the Board at the request of a natural or legal person which had the
opportunity to bring an action for annulment of that decision, in particular
if it was directly and individually concerned by that decision, but had not
done so within the period laid down in Article 263 TFEU.

(144)

Where a court seized of proceedings against a
decision by a supervisory authority has reason to believe that proceedings
concerning the same processing, such as the same subject matter as regards
processing by the same controller or processor, or the same cause of action,
are brought before a competent court in another Member State, it should
contact that court in order to confirm the existence of such related
proceedings. If related proceedings are pending before a court in another
Member State, any court other than the court first seized may stay its
proceedings or may, on request of one of the parties, decline jurisdiction in
favour of the court first seized if that court has jurisdiction over the
proceedings in question and its law permits the consolidation of such related
proceedings. Proceedings are deemed to be related where they are so closely
connected that it is expedient to hear and determine them together in order
to avoid the risk of irreconcilable judgments resulting from separate
proceedings.

(145)

For proceedings against a controller or processor,
the plaintiff should have the choice to bring the action before the courts of
the Member States where the controller or processor has an establishment
or where the data subject resides, unless the controller is a public
authority of a Member State acting in the exercise of its public powers.

(146)

The controller or processor should compensate any
damage which a person may suffer as a result of processing that infringes
this Regulation. The controller or processor should be exempt from liability
if it proves that it is not in any way responsible for the damage. The
concept of damage should be broadly interpreted in the light of the case-law
of the Court of Justice in a manner which fully reflects the objectives of
this Regulation. This is without prejudice to any claims for damage deriving
from the violation of other rules in Union or Member State law.
Processing that infringes this Regulation also includes processing that
infringes delegated and implementing acts adopted in accordance with this
Regulation and Member State law specifying rules of this Regulation.
Data subjects should receive full and effective compensation for the damage
they have suffered. Where controllers or processors are involved in the same
processing, each controller or processor should be held liable for the entire
damage. However, where they are joined to the same judicial proceedings, in
accordance with Member State law, compensation may be apportioned according
to the responsibility of each controller or processor for the damage caused
by the processing, provided that full and effective compensation of the data
subject who suffered the damage is ensured. Any controller or processor which
has paid full compensation may subsequently institute recourse proceedings
against other controllers or processors involved in the same processing.

(147)

Where specific rules on jurisdiction are contained
in this Regulation, in particular as regards proceedings seeking a judicial
remedy including compensation, against a controller or processor, general
jurisdiction rules such as those of Regulation (EU) No 1215/2012 of the
European Parliament and of the Council (13) should not prejudice the application of such specific rules.

(148)

In order to strengthen the enforcement of the rules
of this Regulation, penalties including administrative fines should be
imposed for any infringement of this Regulation, in addition to, or instead
of appropriate measures imposed by the supervisory authority pursuant to this
Regulation. In a case of a minor infringement or if the fine likely to be
imposed would constitute a disproportionate burden to a natural person, a
reprimand may be issued instead of a fine. Due regard should however be given
to the nature, gravity and duration of the infringement, the intentional
character of the infringement, actions taken to mitigate the damage suffered,
degree of responsibility or any relevant previous infringements, the manner
in which the infringement became known to the supervisory authority,
compliance with measures ordered against the controller or processor,
adherence to a code of conduct and any other aggravating or mitigating
factor. The imposition of penalties including administrative fines should be
subject to appropriate procedural safeguards in accordance with the general
principles of Union law and the Charter, including effective judicial
protection and due process.

(149)

Member States should be able to lay down the rules
on criminal penalties for infringements of this Regulation, including for
infringements of national rules adopted pursuant to and within the limits of
this Regulation. Those criminal penalties may also allow for the deprivation
of the profits obtained through infringements of this Regulation. However,
the imposition of criminal penalties for infringements of such national rules
and of administrative penalties should not lead to a breach of the principle
of ne bis
in idem, as interpreted by the Court of Justice.

(150)

In order to strengthen and harmonise administrative
penalties for infringements of this Regulation, each supervisory authority
should have the power to impose administrative fines. This Regulation should
indicate infringements and the upper limit and criteria for setting the
related administrative fines, which should be determined by the competent
supervisory authority in each individual case, taking into account all
relevant circumstances of the specific situation, with due regard in
particular to the nature, gravity and duration of the infringement and of its
consequences and the measures taken to ensure compliance with the obligations
under this Regulation and to prevent or mitigate the consequences of the
infringement. Where administrative fines are imposed on an undertaking, an
undertaking should be understood to be an undertaking in accordance with
Articles 101 and 102 TFEU for those purposes. Where administrative fines
are imposed on persons that are not an undertaking, the supervisory authority
should take account of the general level of income in the Member State as
well as the economic situation of the person in considering the appropriate
amount of the fine. The consistency mechanism may also be used to promote a
consistent application of administrative fines. It should be for the Member
States to determine whether and to which extent public authorities should be
subject to administrative fines. Imposing an administrative fine or giving a
warning does not affect the application of other powers of the supervisory
authorities or of other penalties under this Regulation.

(151)

The legal systems of Denmark and Estonia do not
allow for administrative fines as set out in this Regulation. The rules on
administrative fines may be applied in such a manner that in Denmark the fine
is imposed by competent national courts as a criminal penalty and in Estonia
the fine is imposed by the supervisory authority in the framework of a
misdemeanour procedure, provided that such an application of the rules in
those Member States has an equivalent effect to administrative fines
imposed by supervisory authorities. Therefore the competent national courts
should take into account the recommendation by the supervisory authority
initiating the fine. In any event, the fines imposed should be effective,
proportionate and dissuasive.

(152)

Where this Regulation does not harmonise
administrative penalties or where necessary in other cases, for example in
cases of serious infringements of this Regulation, Member States should
implement a system which provides for effective, proportionate and dissuasive
penalties. The nature of such penalties, criminal or administrative, should
be determined by Member State law.

(153)

Member States law should reconcile the rules
governing freedom of expression and information, including journalistic,
academic, artistic and or literary expression with the right to the
protection of personal data pursuant to this Regulation. The processing of
personal data solely for journalistic purposes, or for the purposes of
academic, artistic or literary expression should be subject to derogations or
exemptions from certain provisions of this Regulation if necessary to
reconcile the right to the protection of personal data with the right to
freedom of expression and information, as enshrined in Article 11 of the
Charter. This should apply in particular to the processing of personal data
in the audiovisual field and in news archives and press libraries. Therefore,
Member States should adopt legislative measures which lay down the
exemptions and derogations necessary for the purpose of balancing those
fundamental rights. Member States should adopt such exemptions and
derogations on general principles, the rights of the data subject, the
controller and the processor, the transfer of personal data to third
countries or international organisations, the independent supervisory
authorities, cooperation and consistency, and specific data-processing
situations. Where such exemptions or derogations differ from one
Member State to another, the law of the Member State to which the
controller is subject should apply. In order to take account of the
importance of the right to freedom of expression in every democratic society,
it is necessary to interpret notions relating to that freedom, such as
journalism, broadly.

(154)

This Regulation allows the principle of public
access to official documents to be taken into account when applying this
Regulation. Public access to official documents may be considered to be in
the public interest. Personal data in documents held by a public authority or
a public body should be able to be publicly disclosed by that authority or
body if the disclosure is provided for by Union or Member State law to
which the public authority or public body is subject. Such laws should
reconcile public access to official documents and the reuse of public sector
information with the right to the protection of personal data and may
therefore provide for the necessary reconciliation with the right to the
protection of personal data pursuant to this Regulation. The reference to
public authorities and bodies should in that context include all authorities
or other bodies covered by Member State law on public access to documents.
Directive 2003/98/EC of the European Parliament and of the Council (14) leaves intact and in no way affects the level of protection of natural
persons with regard to the processing of personal data under the provisions
of Union and Member State law, and in particular does not alter the
obligations and rights set out in this Regulation. In particular, that
Directive should not apply to documents to which access is excluded or
restricted by virtue of the access regimes on the grounds of protection of
personal data, and parts of documents accessible by virtue of those regimes
which contain personal data the re-use of which has been provided for by law
as being incompatible with the law concerning the protection of natural
persons with regard to the processing of personal data.

(155)

Member State law or collective agreements, including
‘works agreements’, may provide for specific rules on the processing of
employees' personal data in the employment context, in particular for the
conditions under which personal data in the employment context may be
processed on the basis of the consent of the employee, the purposes of the recruitment,
the performance of the contract of employment, including discharge of
obligations laid down by law or by collective agreements, management,
planning and organisation of work, equality and diversity in the workplace,
health and safety at work, and for the purposes of the exercise and
enjoyment, on an individual or collective basis, of rights and benefits
related to employment, and for the purpose of the termination of the
employment relationship.

(156)

The processing of personal data for archiving
purposes in the public interest, scientific or historical research purposes
or statistical purposes should be subject to appropriate safeguards for the
rights and freedoms of the data subject pursuant to this Regulation. Those
safeguards should ensure that technical and organisational measures are in
place in order to ensure, in particular, the principle of data minimisation.
The further processing of personal data for archiving purposes in the public
interest, scientific or historical research purposes or statistical purposes
is to be carried out when the controller has assessed the feasibility to
fulfil those purposes by processing data which do not permit or no longer
permit the identification of data subjects, provided that appropriate
safeguards exist (such as, for instance, pseudonymisation of the data).
Member States should provide for appropriate safeguards for the
processing of personal data for archiving purposes in the public interest,
scientific or historical research purposes or statistical purposes.
Member States should be authorised to provide, under specific conditions
and subject to appropriate safeguards for data subjects, specifications and
derogations with regard to the information requirements and rights to
rectification, to erasure, to be forgotten, to restriction of processing, to
data portability, and to object when processing personal data for archiving
purposes in the public interest, scientific or historical research purposes
or statistical purposes. The conditions and safeguards in question may entail
specific procedures for data subjects to exercise those rights if this is
appropriate in the light of the purposes sought by the specific processing
along with technical and organisational measures aimed at minimising the
processing of personal data in pursuance of the proportionality and necessity
principles. The processing of personal data for scientific purposes should
also comply with other relevant legislation such as on clinical trials.

Actually people have
a right to refuse to be included in such personal data processing.

(157)

By coupling information from registries, researchers
can obtain new knowledge of great value with regard to widespread medical
conditions such as cardiovascular disease, cancer and depression. On the
basis of registries, research results can be enhanced, as they draw on a
larger population. Within social science, research on the basis of registries
enables researchers to obtain essential knowledge about the long-term
correlation of a number of social conditions such as unemployment and
education with other life conditions. Research results obtained through
registries provide solid, high-quality knowledge which can provide the basis
for the formulation and implementation of knowledge-based policy, improve the
quality of life for a number of people and improve the efficiency of social
services. In order to facilitate scientific research, personal data can be
processed for scientific research purposes, subject to appropriate conditions
and safeguards set out in Union or Member State law.

Warm and fuzzy
“cover,” terrifying book.

(158)

Where personal data are processed for archiving
purposes, this Regulation should also apply to that processing, bearing in
mind that this Regulation should not apply to deceased persons. Public
authorities or public or private bodies that hold records of public interest
should be services which, pursuant to Union or Member State law, have a legal
obligation to acquire, preserve, appraise, arrange, describe, communicate,
promote, disseminate and provide access to records of enduring value for
general public interest. Member States should also be authorised to
provide for the further processing of personal data for archiving purposes,
for example with a view to providing specific information related to the
political behaviour under former totalitarian state regimes, genocide, crimes
against humanity, in particular the Holocaust, or war crimes.

Okupacijas Muzejs

(159)

Where personal data are processed for scientific
research purposes, this Regulation should also apply to that processing. For
the purposes of this Regulation, the processing of personal data for
scientific research purposes should be interpreted in a broad manner including
for example technological development and demonstration, fundamental
research, applied research and privately funded research. In addition, it
should take into account the Union's objective under Article 179(1) TFEU
of achieving a European Research Area. Scientific research purposes should
also include studies conducted in the public interest in the area of public
health. To meet the specificities of processing personal data for scientific
research purposes, specific conditions should apply in particular as regards
the publication or otherwise disclosure of personal data in the context of
scientific research purposes. If the result of scientific research in
particular in the health context gives reason for further measures in the
interest of the data subject, the general rules of this Regulation should
apply in view of those measures.

(160)

Where personal data are processed for historical
research purposes, this Regulation should also apply to that processing. This
should also include historical research and research for genealogical
purposes, bearing in mind that this Regulation should not apply to deceased
persons.

(161)

For the purpose of consenting to the participation
in scientific research activities in clinical trials, the relevant provisions
of Regulation (EU) No 536/2014 of the European Parliament and of the
Council (15) should apply.

(162)

Where personal data are processed for statistical
purposes, this Regulation should apply to that processing. Union or Member
State law should, within the limits of this Regulation, determine statistical
content, control of access, specifications for the processing of personal
data for statistical purposes and appropriate measures to safeguard the
rights and freedoms of the data subject and for ensuring statistical
confidentiality. Statistical purposes mean any operation of collection and
the processing of personal data necessary for statistical surveys or for the
production of statistical results. Those statistical results may further be
used for different purposes, including a scientific research purpose. The
statistical purpose implies that the result of processing for statistical
purposes is not personal data, but aggregate data, and that this result or
the personal data are not used in support of measures or decisions regarding
any particular natural person.

(163)

The confidential information which the Union and
national statistical authorities collect for the production of official
European and official national statistics should be protected. European
statistics should be developed, produced and disseminated in accordance with
the statistical principles as set out in Article 338(2) TFEU, while
national statistics should also comply with Member State law. Regulation (EC)
No 223/2009 of the European Parliament and of the Council (16) provides further specifications on statistical confidentiality for European
statistics.

(164)

As regards the powers of the supervisory authorities
to obtain from the controller or processor access to personal data and access
to their premises, Member States may adopt by law, within the limits of
this Regulation, specific rules in order to safeguard the professional or
other equivalent secrecy obligations, in so far as necessary to reconcile the
right to the protection of personal data with an obligation of professional
secrecy. This is without prejudice to existing Member State obligations to
adopt rules on professional secrecy where required by Union law.

(165)

This Regulation respects and does not prejudice the
status under existing constitutional law of churches and religious
associations or communities in the Member States, as recognised in
Article 17 TFEU.

(166)

In order to fulfil the objectives of this
Regulation, namely to protect the fundamental rights and freedoms of natural persons
and in particular their right to the protection of personal data and to
ensure the free movement of personal data within the Union, the power to
adopt acts in accordance with Article 290 TFEU should be delegated to
the Commission. In particular, delegated acts should be adopted in respect of
criteria and requirements for certification mechanisms, information to be
presented by standardised icons and procedures for providing such icons. It
is of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at expert level. The
Commission, when preparing and drawing-up delegated acts, should ensure a
simultaneous, timely and appropriate transmission of relevant documents to
the European Parliament and to the Council.

(167)

In order to ensure uniform conditions for the
implementation of this Regulation, implementing powers should be conferred on
the Commission when provided for by this Regulation. Those powers should be
exercised in accordance with Regulation (EU) No 182/2011. In that
context, the Commission should consider specific measures for micro, small
and medium-sized enterprises.

(168)

The examination procedure should be used for the
adoption of implementing acts on standard contractual clauses between
controllers and processors and between processors; codes of conduct;
technical standards and mechanisms for certification; the adequate level of
protection afforded by a third country, a territory or a specified sector
within that third country, or an international organisation; standard
protection clauses; formats and procedures for the exchange of information by
electronic means between controllers, processors and supervisory authorities
for binding corporate rules; mutual assistance; and arrangements for the
exchange of information by electronic means between supervisory authorities,
and between supervisory authorities and the Board.

(169)

The Commission should adopt immediately applicable
implementing acts where available evidence reveals that a third country, a
territory or a specified sector within that third country, or an
international organisation does not ensure an adequate level of protection,
and imperative grounds of urgency so require.

(170)

Since the objective of this Regulation, namely to
ensure an equivalent level of protection of natural persons and the free flow
of personal data throughout the Union, cannot be sufficiently achieved by the
Member States and can rather, by reason of the scale or effects of the
action, be better achieved at Union level, the Union may adopt measures, in
accordance with the principle of subsidiarity as set out in Article 5 of
the Treaty on European Union (TEU). In accordance with the principle of
proportionality as set out in that Article, this Regulation does not go
beyond what is necessary in order to achieve that objective.

(171)

Directive 95/46/EC should be repealed by this
Regulation. Processing already under way on the date of application of this
Regulation should be brought into conformity with this Regulation within the
period of two years after which this Regulation enters into force. Where
processing is based on consent pursuant to Directive 95/46/EC, it is not
necessary for the data subject to give his or her consent again if the manner
in which the consent has been given is in line with the conditions of this
Regulation, so as to allow the controller to continue such processing after
the date of application of this Regulation. Commission decisions adopted and
authorisations by supervisory authorities based on Directive 95/46/EC
remain in force until amended, replaced or repealed.

(172)

The European Data Protection Supervisor was
consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001
and delivered an opinion on 7 March 2012 (17).

(173)

This Regulation should apply to all matters
concerning the protection of fundamental rights and freedoms vis-à-vis the processing of personal data which are not subject to specific obligations
with the same objective set out in Directive 2002/58/EC of the European
Parliament and of the Council (18),
including the obligations on the controller and the rights of natural
persons. In order to clarify the relationship between this Regulation and
Directive 2002/58/EC, that Directive should be amended accordingly. Once
this Regulation is adopted, Directive 2002/58/EC should be reviewed in
particular in order to ensure consistency with this Regulation,

HAVE ADOPTED THIS REGULATION:

CHAPTER
I

General
provisions

Article 1

Subject-matter and objectives

1. This Regulation lays down rules
relating to the protection of natural persons with regard to the processing of
personal data and rules relating to the free movement of personal data.

2. This Regulation protects
fundamental rights and freedoms of natural persons and in particular their
right to the protection of personal data.

3. The free movement of personal data
within the Union shall be neither restricted nor prohibited for reasons
connected with the protection of natural persons with regard to the processing
of personal data.

Article 2

Material scope

1. This Regulation applies to the
processing of personal data wholly or partly by automated means and to the
processing other than by automated means of personal data which form part of a
filing system or are intended to form part of a filing system.

2. This Regulation does not apply to
the processing of personal data:

(a)

in the course of an activity which falls outside the
scope of Union law;

(b)

by the Member States when carrying out activities
which fall within the scope of Chapter 2 of Title V of the TEU;

(c)

by a natural person in the course of a purely
personal or household activity;

(d)

by competent authorities for the purposes of the
prevention, investigation, detection or prosecution of criminal offences or
the execution of criminal penalties, including the safeguarding against and
the prevention of threats to public security.

3. For the processing of personal
data by the Union institutions, bodies, offices and agencies, Regulation (EC)
No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts
applicable to such processing of personal data shall be adapted to the
principles and rules of this Regulation in accordance with Article 98.

4. This Regulation shall be without
prejudice to the application of Directive 2000/31/EC, in particular of the
liability rules of intermediary service providers in Articles 12 to 15 of
that Directive.

Article 3

Territorial scope

1. This Regulation applies to the
processing of personal data in the context of the activities of an
establishment of a controller or a processor in the Union, regardless of
whether the processing takes place in the Union or not.

2. This Regulation applies to the
processing of personal data of data subjects who are in the Union by a
controller or processor not established in the Union, where the processing
activities are related to:

(a)

the offering of goods or services, irrespective of
whether a payment of the data subject is required, to such data subjects in
the Union; or

(b)

the monitoring of their behaviour as far as their
behaviour takes place within the Union.

3. This Regulation applies to the
processing of personal data by a controller not established in the Union, but
in a place where Member State law applies by virtue of public
international law.

Article 4

Definitions

For the purposes of this Regulation:

(1)

‘personal data’ means any information relating to an
identified or identifiable natural person (‘data subject’); an identifiable natural
person is one who can be identified, directly or indirectly, in particular by
reference to an identifier such as a name, an identification number, location
data, an online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or social
identity of that natural person;

(2)

‘processing’ means any operation or set of
operations which is performed on personal data or on sets of personal data,
whether or not by automated means, such as collection, recording,
organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise
making available, alignment or combination, restriction, erasure or
destruction;

(3)

‘restriction of processing’ means the marking of
stored personal data with the aim of limiting their processing in the future;

(4)

‘profiling’ means any form of automated processing
of personal data consisting of the use of personal data to evaluate certain
personal aspects relating to a natural person, in particular to analyse or
predict aspects concerning that natural person's performance at work,
economic situation, health, personal preferences, interests, reliability,
behaviour, location or movements;

(5)

‘pseudonymisation’ means the processing of personal
data in such a manner that the personal data can no longer be attributed to a
specific data subject without the use of additional information, provided
that such additional information is kept separately and is subject to
technical and organisational measures to ensure that the personal data are
not attributed to an identified or identifiable natural person;

(6)

‘filing system’ means any structured set of personal
data which are accessible according to specific criteria, whether
centralised, decentralised or dispersed on a functional or geographical
basis;

(7)

‘controller’ means the natural or legal person,
public authority, agency or other body which, alone or jointly with others,
determines the purposes and means of the processing of personal data; where
the purposes and means of such processing are determined by Union or Member
State law, the controller or the specific criteria for its nomination may be
provided for by Union or Member State law;

(8)

‘processor’ means a natural or legal person, public
authority, agency or other body which processes personal data on behalf of
the controller;

(9)

‘recipient’ means a natural or legal person, public
authority, agency or another body, to which the personal data are disclosed,
whether a third party or not. However, public authorities which may receive
personal data in the framework of a particular inquiry in accordance with
Union or Member State law shall not be regarded as recipients; the
processing of those data by those public authorities shall be in compliance
with the applicable data protection rules according to the purposes of the
processing;

(10)

‘third party’ means a natural or legal person,
public authority, agency or body other than the data subject, controller,
processor and persons who, under the direct authority of the controller or
processor, are authorised to process personal data;

(11)

‘consent’ of the data subject means any freely
given, specific, informed and unambiguous indication of the data subject's
wishes by which he or she, by a statement or by a clear affirmative action,
signifies agreement to the processing of personal data relating to him or
her;

‘genetic data’ means personal data relating to the
inherited or acquired genetic characteristics of a natural person which give
unique information about the physiology or the health of that natural person
and which result, in particular, from an analysis of a biological sample from
the natural person in question;

(14)

‘biometric data’ means personal data resulting from
specific technical processing relating to the physical, physiological or
behavioural characteristics of a natural person, which allow or confirm the
unique identification of that natural person, such as facial images or
dactyloscopic data;

(15)

‘data concerning health’ means personal data related
to the physical or mental health of a natural person, including the provision
of health care services, which reveal information about his or her health
status;

(16)

‘main establishment’ means:

(a)

as regards a controller with establishments in
more than one Member State, the place of its central administration in the
Union, unless the decisions on the purposes and means of the processing of
personal data are taken in another establishment of the controller in the
Union and the latter establishment has the power to have such decisions
implemented, in which case the establishment having taken such decisions is
to be considered to be the main establishment;

(b)

as regards a processor with establishments in more
than one Member State, the place of its central administration in the
Union, or, if the processor has no central administration in the Union, the
establishment of the processor in the Union where the main processing activities
in the context of the activities of an establishment of the processor take
place to the extent that the processor is subject to specific obligations
under this Regulation;

(17)

‘representative’ means a natural or legal person
established in the Union who, designated by the controller or processor in
writing pursuant to Article 27, represents the controller or processor
with regard to their respective obligations under this Regulation;

(18)

‘enterprise’ means a natural or legal person engaged
in an economic activity, irrespective of its legal form, including
partnerships or associations regularly engaged in an economic activity;

(19)

‘group of undertakings’ means a controlling
undertaking and its controlled undertakings;

(20)

‘binding corporate rules’ means personal data
protection policies which are adhered to by a controller or processor
established on the territory of a Member State for transfers or a set of
transfers of personal data to a controller or processor in one or more third countries
within a group of undertakings, or group of enterprises engaged in a joint
economic activity;

(21)

‘supervisory authority’ means an independent public
authority which is established by a Member State pursuant to Article 51;

(22)

‘supervisory authority concerned’ means a
supervisory authority which is concerned by the processing of personal data
because:

(a)

the controller or processor is established on the
territory of the Member State of that supervisory authority;

(b)

data subjects residing in the Member State of
that supervisory authority are substantially affected or likely to be
substantially affected by the processing; or

(c)

a complaint has been lodged with that supervisory
authority;

(23)

‘cross-border processing’ means either:

(a)

processing of personal data which takes place in
the context of the activities of establishments in more than one
Member State of a controller or processor in the Union where the
controller or processor is established in more than one Member State;
or

(b)

processing of personal data which takes place in
the context of the activities of a single establishment of a controller or
processor in the Union but which substantially affects or is likely to
substantially affect data subjects in more than one Member State.

(24)

‘relevant and reasoned objection’ means an objection
to a draft decision as to whether there is an infringement of this
Regulation, or whether envisaged action in relation to the controller or
processor complies with this Regulation, which clearly demonstrates the
significance of the risks posed by the draft decision as regards the
fundamental rights and freedoms of data subjects and, where applicable, the
free flow of personal data within the Union;

(25)

‘information society service’ means a service as
defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of
the European Parliament and of the Council (19);

(26)

‘international organisation’ means an organisation
and its subordinate bodies governed by public international law, or any other
body which is set up by, or on the basis of, an agreement between two or more
countries.

CHAPTER
II

Principles

Article 5

Principles relating to processing of personal data

1. Personal data shall be:

(a)

processed lawfully, fairly and in a transparent
manner in relation to the data subject (‘lawfulness, fairness and
transparency’);

(b)

collected for specified, explicit and legitimate
purposes and not further processed in a manner that is incompatible with
those purposes; further processing for archiving purposes in the public
interest, scientific or historical research purposes or statistical purposes
shall, in accordance with Article 89(1), not be considered to be incompatible
with the initial purposes (‘purpose limitation’);

(c)

adequate, relevant and limited to what is necessary
in relation to the purposes for which they are processed (‘data
minimisation’);

(d)

accurate and, where necessary, kept up to date;
every reasonable step must be taken to ensure that personal data that are
inaccurate, having regard to the purposes for which they are processed, are
erased or rectified without delay (‘accuracy’);

(e)

kept in a form which permits identification of data
subjects for no longer than is necessary for the purposes for which the
personal data are processed; personal data may be stored for longer periods
insofar as the personal data will be processed solely for archiving purposes
in the public interest, scientific or historical research purposes or
statistical purposes in accordance with Article 89(1) subject to
implementation of the appropriate technical and organisational measures
required by this Regulation in order to safeguard the rights and freedoms of
the data subject (‘storage limitation’);

(f)

processed in a manner that ensures appropriate
security of the personal data, including protection against unauthorised or
unlawful processing and against accidental loss, destruction or damage, using
appropriate technical or organisational measures (‘integrity and
confidentiality’).

2. The controller shall be
responsible for, and be able to demonstrate compliance with, paragraph 1
(‘accountability’).

Article 6

Lawfulness of processing

1. Processing shall be lawful only if
and to the extent that at least one of the following applies:

(a)

the data subject has given consent to the processing
of his or her personal data for one or more specific purposes;

(b)

processing is necessary for the performance of a
contract to which the data subject is party or in order to take steps at the
request of the data subject prior to entering into a contract;

(c)

processing is necessary for compliance with a legal obligation
to which the controller is subject;

(d)

processing is necessary in order to protect the
vital interests of the data subject or of another natural person;

(e)

processing is necessary for the performance of a
task carried out in the public interest or in the exercise of official
authority vested in the controller;

(f)

processing is necessary for the purposes of the
legitimate interests pursued by the controller or by a third party, except
where such interests are overridden by the interests or fundamental rights
and freedoms of the data subject which require protection of personal data,
in particular where the data subject is a child.

Point (f) of the first subparagraph shall not apply to
processing carried out by public authorities in the performance of their tasks.

2. Member States may maintain or
introduce more specific provisions to adapt the application of the rules of
this Regulation with regard to processing for compliance with points (c)
and (e) of paragraph 1 by determining more precisely specific requirements
for the processing and other measures to ensure lawful and fair processing
including for other specific processing situations as provided for in Chapter
IX.

3. The basis for the processing
referred to in point (c) and (e) of paragraph 1 shall be laid down by:

(a)

Union law; or

(b)

Member State law to which the controller is subject.

The purpose of the processing shall be determined in
that legal basis or, as regards the processing referred to in point (e) of paragraph
1, shall be necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the controller.
That legal basis may contain specific provisions to adapt the application of
rules of this Regulation, inter alia: the general conditions governing the
lawfulness of processing by the controller; the types of data which are subject
to the processing; the data subjects concerned; the entities to, and the
purposes for which, the personal data may be disclosed; the purpose limitation;
storage periods; and processing operations and processing procedures, including
measures to ensure lawful and fair processing such as those for other specific
processing situations as provided for in Chapter IX. The Union or the
Member State law shall meet an objective of public interest and be
proportionate to the legitimate aim pursued.

4. Where the processing for a purpose
other than that for which the personal data have been collected is not based on
the data subject's consent or on a Union or Member State law which
constitutes a necessary and proportionate measure in a democratic society to
safeguard the objectives referred to in Article 23(1), the controller shall, in
order to ascertain whether processing for another purpose is compatible with
the purpose for which the personal data are initially collected, take into
account, inter alia:

(a)

any link between the purposes for which the personal
data have been collected and the purposes of the intended further processing;

(b)

the context in which the personal data have been
collected, in particular regarding the relationship between data subjects and
the controller;

(c)

the nature of the personal data, in particular
whether special categories of personal data are processed, pursuant to
Article 9, or whether personal data related to criminal convictions and
offences are processed, pursuant to Article 10;

(d)

the possible consequences of the intended further
processing for data subjects;

(e)

the existence of appropriate safeguards, which may
include encryption or pseudonymisation.

Article 7

Conditions for consent

1. Where processing is based on
consent, the controller shall be able to demonstrate that the data subject has
consented to processing of his or her personal data.

2. If the data subject's consent is
given in the context of a written declaration which also concerns other
matters, the request for consent shall be presented in a manner which is
clearly distinguishable from the other matters, in an intelligible and easily
accessible form, using clear and plain language. Any part of such a declaration
which constitutes an infringement of this Regulation shall not be binding.

3. The data subject shall have the
right to withdraw his or her consent at any time. The withdrawal of consent
shall not affect the lawfulness of processing based on consent before its
withdrawal. Prior to giving consent, the data subject shall be informed
thereof. It shall be as easy to withdraw as to give consent.

4. When assessing whether consent is
freely given, utmost account shall be taken of whether, inter alia,
the performance of a contract, including the provision of a service, is
conditional on consent to the processing of personal data that is not necessary
for the performance of that contract.

1. Where point (a) of Article 6(1)
applies, in relation to the offer of information society services directly to a
child, the processing of the personal data of a child shall be lawful where the
child is at least 16 years old. Where the child is below the age of 16 years,
such processing shall be lawful only if and to the extent that consent is given
or authorised by the holder of parental responsibility over the child.

Member States may provide by law for a lower age
for those purposes provided that such lower age is not below 13 years.

2. The controller shall make
reasonable efforts to verify in such cases that consent is given or authorised
by the holder of parental responsibility over the child, taking into
consideration available technology.

3. Paragraph 1 shall not affect the
general contract law of Member States such as the rules on the validity,
formation or effect of a contract in relation to a child.

Article 9

Processing of special categories of personal data

1. Processing of personal data
revealing racial or ethnic origin, political opinions, religious or
philosophical beliefs, or trade union membership, and the processing of genetic
data, biometric data for the purpose of uniquely identifying a natural person,
data concerning health or data concerning a natural person's sex life or sexual
orientation shall be prohibited.

2. Paragraph 1 shall not apply if one
of the following applies:

(a)

the data subject has given explicit consent to the
processing of those personal data for one or more specified purposes, except
where Union or Member State law provide that the prohibition referred to
in paragraph 1 may not be lifted by the data subject;

(b)

processing is necessary for the purposes of carrying
out the obligations and exercising specific rights of the controller or of
the data subject in the field of employment and social security and social
protection law in so far as it is authorised by Union or Member State law or
a collective agreement pursuant to Member State law providing for
appropriate safeguards for the fundamental rights and the interests of the
data subject;

(c)

processing is necessary to protect the vital
interests of the data subject or of another natural person where the data
subject is physically or legally incapable of giving consent;

(d)

processing is carried out in the course of its
legitimate activities with appropriate safeguards by a foundation,
association or any other not-for-profit body with a political, philosophical,
religious or trade union aim and on condition that the processing relates
solely to the members or to former members of the body or to persons who have
regular contact with it in connection with its purposes and that the personal
data are not disclosed outside that body without the consent of the data
subjects;

(e)

processing relates to personal data which are
manifestly made public by the data subject;

(f)

processing is necessary for the establishment,
exercise or defence of legal claims or whenever courts are acting in their
judicial capacity;

(g)

processing is necessary for reasons of substantial
public interest, on the basis of Union or Member State law which shall be
proportionate to the aim pursued, respect the essence of the right to data
protection and provide for suitable and specific measures to safeguard the
fundamental rights and the interests of the data subject;

(h)

processing is necessary for the purposes of
preventive or occupational medicine, for the assessment of the working
capacity of the employee, medical diagnosis, the provision of health or
social care or treatment or the management of health or social care systems
and services on the basis of Union or Member State law or pursuant to
contract with a health professional and subject to the conditions and
safeguards referred to in paragraph 3;

(i)

processing is necessary for reasons of public
interest in the area of public health, such as protecting against serious
cross-border threats to health or ensuring high standards of quality and
safety of health care and of medicinal products or medical devices, on the
basis of Union or Member State law which provides for suitable and specific
measures to safeguard the rights and freedoms of the data subject, in
particular professional secrecy;

(j)

processing is necessary for archiving purposes in
the public interest, scientific or historical research purposes or
statistical purposes in accordance with Article 89(1) based on Union or
Member State law which shall be proportionate to the aim pursued, respect the
essence of the right to data protection and provide for suitable and specific
measures to safeguard the fundamental rights and the interests of the data
subject.

3. Personal data referred to in
paragraph 1 may be processed for the purposes referred to in
point (h) of paragraph 2 when those data are processed by or under
the responsibility of a professional subject to the obligation of professional
secrecy under Union or Member State law or rules established by national
competent bodies or by another person also subject to an obligation of secrecy
under Union or Member State law or rules established by national competent
bodies.

4. Member States may maintain or
introduce further conditions, including limitations, with regard to the
processing of genetic data, biometric data or data concerning health.

Article 10

Processing of personal data relating to criminal
convictions and offences

Processing of personal data relating to criminal
convictions and offences or related security measures based on
Article 6(1) shall be carried out only under the control of official
authority or when the processing is authorised by Union or Member State law
providing for appropriate safeguards for the rights and freedoms of data
subjects. Any comprehensive register of criminal convictions shall be kept only
under the control of official authority.

Article 11

Processing which does not require identification

1. If the purposes for which a
controller processes personal data do not or do no longer require the
identification of a data subject by the controller, the controller shall not be
obliged to maintain, acquire or process additional information in order to
identify the data subject for the sole purpose of complying with this
Regulation.

2. Where, in cases referred to in
paragraph 1 of this Article, the controller is able to demonstrate that it is
not in a position to identify the data subject, the controller shall inform the
data subject accordingly, if possible. In such cases, Articles 15 to 20 shall
not apply except where the data subject, for the purpose of exercising his or
her rights under those articles, provides additional information enabling his
or her identification.

CHAPTER
III

Rights
of the data subject

Section
1

Transparency
and modalities

Article 12

Transparent information, communication and modalities
for the exercise of the rights of the data subject

1. The controller shall take
appropriate measures to provide any information referred to in Articles 13
and 14 and any communication under Articles 15 to 22 and 34 relating to
processing to the data subject in a concise, transparent, intelligible and
easily accessible form, using clear and plain language, in particular for any
information addressed specifically to a child. The information shall be
provided in writing, or by other means, including, where appropriate, by
electronic means. When requested by the data subject, the information may be
provided orally, provided that the identity of the data subject is proven by
other means.

2. The controller shall facilitate
the exercise of data subject rights under Articles 15 to 22. In the cases
referred to in Article 11(2), the controller shall not refuse to act on the
request of the data subject for exercising his or her rights under Articles 15
to 22, unless the controller demonstrates that it is not in a position to
identify the data subject.

3. The controller shall provide information
on action taken on a request under Articles 15 to 22 to the data
subject without undue delay and in any event within one month of receipt of the
request. That period may be extended by two further months where necessary,
taking into account the complexity and number of the requests. The controller
shall inform the data subject of any such extension within one month of receipt
of the request, together with the reasons for the delay. Where the data subject
makes the request by electronic form means, the information shall be provided
by electronic means where possible, unless otherwise requested by the data
subject.

4. If the controller does not take
action on the request of the data subject, the controller shall inform the data
subject without delay and at the latest within one month of receipt of the
request of the reasons for not taking action and on the possibility of lodging
a complaint with a supervisory authority and seeking a judicial remedy.

5. Information provided under
Articles 13 and 14 and any communication and any actions taken under Articles
15 to 22 and 34 shall be provided free of charge. Where requests from a data
subject are manifestly unfounded or excessive, in particular because of their
repetitive character, the controller may either:

(a)

charge a reasonable fee taking into account the
administrative costs of providing the information or communication or taking
the action requested; or

(b)

refuse to act on the request.

The controller shall bear the burden of demonstrating
the manifestly unfounded or excessive character of the request.

6. Without prejudice to Article 11,
where the controller has reasonable doubts concerning the identity of the
natural person making the request referred to in Articles 15 to 21, the controller
may request the provision of additional information necessary to confirm the
identity of the data subject.

7. The information to be provided to
data subjects pursuant to Articles 13 and 14 may be provided in combination
with standardised icons in order to give in an easily visible, intelligible and
clearly legible manner a meaningful overview of the intended processing. Where
the icons are presented electronically they shall be machine-readable.

8. The Commission shall be empowered
to adopt delegated acts in accordance with Article 92 for the purpose of
determining the information to be presented by the icons and the procedures for
providing standardised icons.

Section
2

Information
and access to personal data

Article 13

Information to be provided where personal data are
collected from the data subject

1. Where personal data relating to a
data subject are collected from the data subject, the controller shall, at the
time when personal data are obtained, provide the data subject with all of the
following information:

(a)

the identity and the contact details of the
controller and, where applicable, of the controller's representative;

(b)

the contact details of the data protection officer,
where applicable;

(c)

the purposes of the processing for which the
personal data are intended as well as the legal basis for the processing;

(d)

where the processing is based on point (f) of
Article 6(1), the legitimate interests pursued by the controller or by a
third party;

(e)

the recipients or categories of recipients of the
personal data, if any;

(f)

where applicable, the fact that the controller
intends to transfer personal data to a third country or international
organisation and the existence or absence of an adequacy decision by the
Commission, or in the case of transfers referred to in Article 46 or 47,
or the second subparagraph of Article 49(1), reference to the
appropriate or suitable safeguards and the means by which to obtain a copy of
them or where they have been made available.

2. In addition to the information
referred to in paragraph 1, the controller shall, at the time when personal
data are obtained, provide the data subject with the following further
information necessary to ensure fair and transparent processing:

(a)

the period for which the personal data will be
stored, or if that is not possible, the criteria used to determine that
period;

(b)

the existence of the right to request from the
controller access to and rectification or erasure of personal data or
restriction of processing concerning the data subject or to object to
processing as well as the right to data portability;

(c)

where the processing is based on point (a) of
Article 6(1) or point (a) of Article 9(2), the existence of the right to
withdraw consent at any time, without affecting the lawfulness of processing
based on consent before its withdrawal;

(d)

the right to lodge a complaint with a supervisory
authority;

(e)

whether the provision of personal data is a
statutory or contractual requirement, or a requirement necessary to enter
into a contract, as well as whether the data subject is obliged to provide
the personal data and of the possible consequences of failure to provide such
data;

(f)

the existence of automated decision-making,
including profiling, referred to in Article 22(1) and (4) and, at least in
those cases, meaningful information about the logic involved, as well as the
significance and the envisaged consequences of such processing for the data
subject.

3. Where the controller intends to
further process the personal data for a purpose other than that for which the
personal data were collected, the controller shall provide the data subject
prior to that further processing with information on that other purpose and
with any relevant further information as referred to in paragraph 2.

4. Paragraphs 1, 2 and 3 shall not
apply where and insofar as the data subject already has the information.

Article 14

Information to be provided where personal data have
not been obtained from the data subject

1. Where personal data have not been
obtained from the data subject, the controller shall provide the data subject
with the following information:

(a)

the identity and the contact details of the
controller and, where applicable, of the controller's representative;

(b)

the contact details of the data protection officer,
where applicable;

(c)

the purposes of the processing for which the
personal data are intended as well as the legal basis for the processing;

(d)

the categories of personal data concerned;

(e)

the recipients or categories of recipients of the
personal data, if any;

(f)

where applicable, that the controller intends to
transfer personal data to a recipient in a third country or international organisation
and the existence or absence of an adequacy decision by the Commission, or in
the case of transfers referred to in Article 46 or 47, or the second
subparagraph of Article 49(1), reference to the appropriate or suitable
safeguards and the means to obtain a copy of them or where they have been
made available.

2. In addition to the information
referred to in paragraph 1, the controller shall provide the data subject with
the following information necessary to ensure fair and transparent processing
in respect of the data subject:

(a)

the period for which the personal data will be
stored, or if that is not possible, the criteria used to determine that
period;

(b)

where the processing is based on point (f) of
Article 6(1), the legitimate interests pursued by the controller or by a
third party;

(c)

the existence of the right to request from the
controller access to and rectification or erasure of personal data or
restriction of processing concerning the data subject and to object to processing
as well as the right to data portability;

(d)

where processing is based on point (a) of Article
6(1) or point (a) of Article 9(2), the existence of the right to withdraw
consent at any time, without affecting the lawfulness of processing based on
consent before its withdrawal;

(e)

the right to lodge a complaint with a supervisory
authority;

(f)

from which source the personal data originate, and
if applicable, whether it came from publicly accessible sources;

(g)

the existence of automated decision-making,
including profiling, referred to in Article 22(1) and (4) and, at least
in those cases, meaningful information about the logic involved, as well as
the significance and the envisaged consequences of such processing for the
data subject.

3. The controller shall provide the
information referred to in paragraphs 1 and 2:

(a)

within a reasonable period after obtaining the
personal data, but at the latest within one month, having regard to the
specific circumstances in which the personal data are processed;

(b)

if the personal data are to be used for
communication with the data subject, at the latest at the time of the first
communication to that data subject; or

(c)

if a disclosure to another recipient is envisaged,
at the latest when the personal data are first disclosed.

4. Where the controller intends to
further process the personal data for a purpose other than that for which the
personal data were obtained, the controller shall provide the data subject
prior to that further processing with information on that other purpose and
with any relevant further information as referred to in paragraph 2.

5. Paragraphs 1 to 4 shall not apply
where and insofar as:

(a)

the data subject already has the information;

(b)

the provision of such information proves impossible
or would involve a disproportionate effort, in particular for processing for
archiving purposes in the public interest, scientific or historical research
purposes or statistical purposes, subject to the conditions and safeguards
referred to in Article 89(1) or in so far as the obligation referred to in
paragraph 1 of this Article is likely to render impossible or seriously
impair the achievement of the objectives of that processing. In such cases
the controller shall take appropriate measures to protect the data subject's
rights and freedoms and legitimate interests, including making the
information publicly available;

(c)

obtaining or disclosure is expressly laid down by
Union or Member State law to which the controller is subject and which
provides appropriate measures to protect the data subject's legitimate
interests; or

(d)

where the personal data must remain confidential
subject to an obligation of professional secrecy regulated by Union or
Member State law, including a statutory obligation of secrecy.

Article 15

Right of access by the data subject

1. The data subject shall have the
right to obtain from the controller confirmation as to whether or not personal
data concerning him or her are being processed, and, where that is the case,
access to the personal data and the following information:

(a)

the purposes of the processing;

(b)

the categories of personal data concerned;

(c)

the recipients or categories of recipient to whom
the personal data have been or will be disclosed, in particular recipients in
third countries or international organisations;

(d)

where possible, the envisaged period for which the
personal data will be stored, or, if not possible, the criteria used to
determine that period;

(e)

the existence of the right to request from the
controller rectification or erasure of personal data or restriction of
processing of personal data concerning the data subject or to object to such
processing;

(f)

the right to lodge a complaint with a supervisory
authority;

(g)

where the personal data are not collected from the
data subject, any available information as to their source;

(h)

the existence of automated decision-making,
including profiling, referred to in Article 22(1) and (4) and, at least
in those cases, meaningful information about the logic involved, as well as
the significance and the envisaged consequences of such processing for the
data subject.

2. Where personal data are
transferred to a third country or to an international organisation, the data
subject shall have the right to be informed of the appropriate safeguards
pursuant to Article 46 relating to the transfer.

3. The controller shall provide a
copy of the personal data undergoing processing. For any further copies requested
by the data subject, the controller may charge a reasonable fee based on
administrative costs. Where the data subject makes the request by electronic
means, and unless otherwise requested by the data subject, the information
shall be provided in a commonly used electronic form.

4. The right to obtain a copy
referred to in paragraph 3 shall not adversely affect the rights and freedoms
of others.

Section
3

Rectification
and erasure

Article 16

Right to rectification

The data subject shall have the right to obtain from
the controller without undue delay the rectification of inaccurate personal
data concerning him or her. Taking into account the purposes of the processing,
the data subject shall have the right to have incomplete personal data completed,
including by means of providing a supplementary statement.

Article 17

Right to erasure (‘right to be forgotten’)

1. The data subject shall have the
right to obtain from the controller the erasure of personal data concerning him
or her without undue delay and the controller shall have the obligation to
erase personal data without undue delay where one of the following grounds
applies:

(a)

the personal data are no longer necessary in
relation to the purposes for which they were collected or otherwise processed;

(b)

the data subject withdraws consent on which the
processing is based according to point (a) of Article 6(1), or
point (a) of Article 9(2), and where there is no other legal ground for
the processing;

(c)

the data subject objects to the processing pursuant
to Article 21(1) and there are no overriding legitimate grounds for the
processing, or the data subject objects to the processing pursuant to Article
21(2);

(d)

the personal data have been unlawfully processed;

(e)

the personal data have to be erased for compliance
with a legal obligation in Union or Member State law to which the
controller is subject;

(f)

the personal data have been collected in relation to
the offer of information society services referred to in Article 8(1).

2. Where the controller has made the
personal data public and is obliged pursuant to paragraph 1 to erase the
personal data, the controller, taking account of available technology and the
cost of implementation, shall take reasonable steps, including technical
measures, to inform controllers which are processing the personal data that the
data subject has requested the erasure by such controllers of any links to, or
copy or replication of, those personal data.

3. Paragraphs 1 and 2 shall not apply
to the extent that processing is necessary:

(a)

for exercising the right of freedom of expression
and information;

(b)

for compliance with a legal obligation which
requires processing by Union or Member State law to which the controller
is subject or for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the controller;

(c)

for reasons of public interest in the area of public
health in accordance with points (h) and (i) of Article 9(2) as well as
Article 9(3);

(d)

for archiving purposes in the public interest,
scientific or historical research purposes or statistical purposes in
accordance with Article 89(1) in so far as the right referred to in
paragraph 1 is likely to render impossible or seriously impair the
achievement of the objectives of that processing; or

(e)

for the establishment, exercise or defence of legal
claims.

Article 18

Right to restriction of processing

1. The data subject shall have the
right to obtain from the controller restriction of processing where one of the
following applies:

(a)

the accuracy of the personal data is contested by
the data subject, for a period enabling the controller to verify the accuracy
of the personal data;

(b)

the processing is unlawful and the data subject
opposes the erasure of the personal data and requests the restriction of
their use instead;

(c)

the controller no longer needs the personal data for
the purposes of the processing, but they are required by the data subject for
the establishment, exercise or defence of legal claims;

(d)

the data subject has objected to processing pursuant
to Article 21(1) pending the verification whether the legitimate grounds
of the controller override those of the data subject.

2. Where processing has been
restricted under paragraph 1, such personal data shall, with the exception of
storage, only be processed with the data subject's consent or for the
establishment, exercise or defence of legal claims or for the protection of the
rights of another natural or legal person or for reasons of important public
interest of the Union or of a Member State.

3. A data subject who has obtained
restriction of processing pursuant to paragraph 1 shall be informed by the
controller before the restriction of processing is lifted.

Article 19

Notification obligation regarding rectification or
erasure of personal data or restriction of processing

The controller shall communicate any rectification or
erasure of personal data or restriction of processing carried out in accordance
with Article 16, Article 17(1) and Article 18 to each recipient to whom
the personal data have been disclosed, unless this proves impossible or
involves disproportionate effort. The controller shall inform the data subject
about those recipients if the data subject requests it.

Article 20

Right to data portability

1. The data subject shall have the
right to receive the personal data concerning him or her, which he or she has
provided to a controller, in a structured, commonly used and machine-readable
format and have the right to transmit those data to another controller without
hindrance from the controller to which the personal data have been provided,
where:

(a)

the processing is based on consent pursuant to point
(a) of Article 6(1) or point (a) of Article 9(2) or on a contract
pursuant to point (b) of Article 6(1); and

(b)

the processing is carried out by automated means.

2. In exercising his or her right to
data portability pursuant to paragraph 1, the data subject shall have the right
to have the personal data transmitted directly from one controller to another,
where technically feasible.

3. The exercise of the right referred
to in paragraph 1 of this Article shall be without prejudice to
Article 17. That right shall not apply to processing necessary for the
performance of a task carried out in the public interest or in the exercise of
official authority vested in the controller.

4. The right referred to in
paragraph 1 shall not adversely affect the rights and freedoms of others.

Section
4

Right to
object and automated individual decision-making

Article 21

Right to object

1. The data subject shall have the
right to object, on grounds relating to his or her particular situation, at any
time to processing of personal data concerning him or her which is based on
point (e) or (f) of Article 6(1), including profiling based on those
provisions. The controller shall no longer process the personal data unless the
controller demonstrates compelling legitimate grounds for the processing which
override the interests, rights and freedoms of the data subject or for the
establishment, exercise or defence of legal claims.

2. Where personal data are processed
for direct marketing purposes, the data subject shall have the right to object
at any time to processing of personal data concerning him or her for such
marketing, which includes profiling to the extent that it is related to such
direct marketing.

3. Where the data subject objects to
processing for direct marketing purposes, the personal data shall no longer be
processed for such purposes.

4. At the latest at the time of the
first communication with the data subject, the right referred to in
paragraphs 1 and 2 shall be explicitly brought to the attention of the
data subject and shall be presented clearly and separately from any other
information.

5. In the context of the use of
information society services, and notwithstanding Directive 2002/58/EC,
the data subject may exercise his or her right to object by automated means
using technical specifications.

6. Where personal data are processed
for scientific or historical research purposes or statistical purposes pursuant
to Article 89(1), the data subject, on grounds relating to his or her
particular situation, shall have the right to object to processing of personal
data concerning him or her, unless the processing is necessary for the
performance of a task carried out for reasons of public interest.

Article 22

Automated individual decision-making, including
profiling

1. The data subject shall have the
right not to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning him or her or
similarly significantly affects him or her.

2. Paragraph 1 shall not apply if
the decision:

(a)

is necessary for entering into, or performance of, a
contract between the data subject and a data controller;

(b)

is authorised by Union or Member State law to
which the controller is subject and which also lays down suitable measures to
safeguard the data subject's rights and freedoms and legitimate interests; or

(c)

is based on the data subject's explicit consent.

3. In the cases referred to in points
(a) and (c) of paragraph 2, the data controller shall implement suitable measures
to safeguard the data subject's rights and freedoms and legitimate interests,
at least the right to obtain human intervention on the part of the controller,
to express his or her point of view and to contest the decision.

4. Decisions referred to in paragraph
2 shall not be based on special categories of personal data referred to in
Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable
measures to safeguard the data subject's rights and freedoms and legitimate
interests are in place.

Section
5

Restrictions

Article 23

Restrictions

1. Union or Member State law to
which the data controller or processor is subject may restrict by way of a
legislative measure the scope of the obligations and rights provided for in
Articles 12 to 22 and Article 34, as well as Article 5 in so far
as its provisions correspond to the rights and obligations provided for in
Articles 12 to 22, when such a restriction respects the essence of the
fundamental rights and freedoms and is a necessary and proportionate measure in
a democratic society to safeguard:

(a)

national security;

(b)

defence;

(c)

public security;

(d)

the prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties,
including the safeguarding against and the prevention of threats to public
security;

(e)

other important objectives of general public
interest of the Union or of a Member State, in particular an important
economic or financial interest of the Union or of a Member State,
including monetary, budgetary and taxation a matters, public health and
social security;

(f)

the protection of judicial independence and judicial
proceedings;

(g)

the prevention, investigation, detection and
prosecution of breaches of ethics for regulated professions;

(h)

a monitoring, inspection or regulatory function
connected, even occasionally, to the exercise of official authority in the
cases referred to in points (a) to (e) and (g);

(i)

the protection of the data subject or the rights and
freedoms of others;

(j)

the enforcement of civil law claims.

2. In particular, any legislative
measure referred to in paragraph 1 shall contain specific provisions at least,
where relevant, as to:

(a)

the purposes of the processing or categories of
processing;

(b)

the categories of personal data;

(c)

the scope of the restrictions introduced;

(d)

the safeguards to prevent abuse or unlawful access
or transfer;

(e)

the specification of the controller or categories of
controllers;

(f)

the storage periods and the applicable safeguards
taking into account the nature, scope and purposes of the processing or
categories of processing;

(g)

the risks to the rights and freedoms of data
subjects; and

(h)

the right of data subjects to be informed about the
restriction, unless that may be prejudicial to the purpose of the
restriction.

CHAPTER
IV

Controller
and processor

Section
1

General
obligations

Article 24

Responsibility of the controller

1. Taking into account the nature,
scope, context and purposes of processing as well as the risks of varying
likelihood and severity for the rights and freedoms of natural persons, the
controller shall implement appropriate technical and organisational measures to
ensure and to be able to demonstrate that processing is performed in accordance
with this Regulation. Those measures shall be reviewed and updated where
necessary.

2. Where proportionate in relation to
processing activities, the measures referred to in paragraph 1 shall
include the implementation of appropriate data protection policies by the
controller.

3. Adherence to approved codes of
conduct as referred to in Article 40 or approved certification mechanisms
as referred to in Article 42 may be used as an element by which to
demonstrate compliance with the obligations of the controller.

Article 25

Data protection by design and by default

1. Taking into account the state of
the art, the cost of implementation and the nature, scope, context and purposes
of processing as well as the risks of varying likelihood and severity for
rights and freedoms of natural persons posed by the processing, the controller
shall, both at the time of the determination of the means for processing and at
the time of the processing itself, implement appropriate technical and
organisational measures, such as pseudonymisation, which are designed to
implement data-protection principles, such as data minimisation, in an
effective manner and to integrate the necessary safeguards into the processing
in order to meet the requirements of this Regulation and protect the rights of
data subjects.

2. The controller shall implement
appropriate technical and organisational measures for ensuring that, by
default, only personal data which are necessary for each specific purpose of
the processing are processed. That obligation applies to the amount of personal
data collected, the extent of their processing, the period of their storage and
their accessibility. In particular, such measures shall ensure that by default
personal data are not made accessible without the individual's intervention to
an indefinite number of natural persons.

3. An approved certification
mechanism pursuant to Article 42 may be used as an element to demonstrate
compliance with the requirements set out in paragraphs 1 and 2 of this
Article.

Article 26

Joint controllers

1. Where two or more controllers
jointly determine the purposes and means of processing, they shall be joint
controllers. They shall in a transparent manner determine their respective responsibilities
for compliance with the obligations under this Regulation, in particular as
regards the exercising of the rights of the data subject and their respective
duties to provide the information referred to in Articles 13 and 14, by
means of an arrangement between them unless, and in so far as, the respective
responsibilities of the controllers are determined by Union or
Member State law to which the controllers are subject. The arrangement may
designate a contact point for data subjects.

2. The arrangement referred to in
paragraph 1 shall duly reflect the respective roles and relationships of the
joint controllers vis-à-vis the data subjects. The essence of the
arrangement shall be made available to the data subject.

3. Irrespective of the terms of the
arrangement referred to in paragraph 1, the data subject may exercise his or
her rights under this Regulation in respect of and against each of the
controllers.

Article 27

Representatives of controllers or processors not
established in the Union

1. Where Article 3(2) applies, the
controller or the processor shall designate in writing a representative in the
Union.

2. The obligation laid down in
paragraph 1 of this Article shall not apply to:

(a)

processing which is occasional, does not include, on
a large scale, processing of special categories of data as referred to in
Article 9(1) or processing of personal data relating to criminal convictions
and offences referred to in Article 10, and is unlikely to result in a risk
to the rights and freedoms of natural persons, taking into account the
nature, context, scope and purposes of the processing; or

(b)

a public authority or body.

3. The representative shall be
established in one of the Member States where the data subjects, whose personal
data are processed in relation to the offering of goods or services to them, or
whose behaviour is monitored, are.

4. The representative shall be
mandated by the controller or processor to be addressed in addition to or
instead of the controller or the processor by, in particular, supervisory
authorities and data subjects, on all issues related to processing, for the
purposes of ensuring compliance with this Regulation.

5. The designation of a
representative by the controller or processor shall be without prejudice to
legal actions which could be initiated against the controller or the processor
themselves.

Article 28

Processor

1. Where processing is to be carried
out on behalf of a controller, the controller shall use only processors
providing sufficient guarantees to implement appropriate technical and
organisational measures in such a manner that processing will meet the
requirements of this Regulation and ensure the protection of the rights of the
data subject.

2. The processor shall not engage another
processor without prior specific or general written authorisation of the
controller. In the case of general written authorisation, the processor shall
inform the controller of any intended changes concerning the addition or
replacement of other processors, thereby giving the controller the opportunity
to object to such changes.

3. Processing by a processor shall be
governed by a contract or other legal act under Union or Member State law,
that is binding on the processor with regard to the controller and that sets
out the subject-matter and duration of the processing, the nature and purpose
of the processing, the type of personal data and categories of data subjects
and the obligations and rights of the controller. That contract or other legal
act shall stipulate, in particular, that the processor:

(a)

processes the personal data only on documented
instructions from the controller, including with regard to transfers of
personal data to a third country or an international organisation, unless
required to do so by Union or Member State law to which the processor is
subject; in such a case, the processor shall inform the controller of that
legal requirement before processing, unless that law prohibits such
information on important grounds of public interest;

(b)

ensures that persons authorised to process the
personal data have committed themselves to confidentiality or are under an
appropriate statutory obligation of confidentiality;

(c)

takes all measures required pursuant to Article 32;

(d)

respects the conditions referred to in paragraphs 2
and 4 for engaging another processor;

(e)

taking into account the nature of the processing,
assists the controller by appropriate technical and organisational measures,
insofar as this is possible, for the fulfilment of the controller's
obligation to respond to requests for exercising the data subject's rights
laid down in Chapter III;

(f)

assists the controller in ensuring compliance with
the obligations pursuant to Articles 32 to 36 taking into account the
nature of processing and the information available to the processor;

(g)

at the choice of the controller, deletes or returns
all the personal data to the controller after the end of the provision of
services relating to processing, and deletes existing copies unless Union or
Member State law requires storage of the personal data;

(h)

makes available to the controller all information
necessary to demonstrate compliance with the obligations laid down in this
Article and allow for and contribute to audits, including inspections,
conducted by the controller or another auditor mandated by the controller.

With regard to point (h) of the first
subparagraph, the processor shall immediately inform the controller if, in its
opinion, an instruction infringes this Regulation or other Union or
Member State data protection provisions.

4. Where a processor engages another
processor for carrying out specific processing activities on behalf of the
controller, the same data protection obligations as set out in the contract or
other legal act between the controller and the processor as referred to in
paragraph 3 shall be imposed on that other processor by way of a contract or
other legal act under Union or Member State law, in particular providing sufficient
guarantees to implement appropriate technical and organisational measures in
such a manner that the processing will meet the requirements of this
Regulation. Where that other processor fails to fulfil its data protection
obligations, the initial processor shall remain fully liable to the controller
for the performance of that other processor's obligations.

5. Adherence of a processor to an
approved code of conduct as referred to in Article 40 or an approved
certification mechanism as referred to in Article 42 may be used as an
element by which to demonstrate sufficient guarantees as referred to in
paragraphs 1 and 4 of this Article.

6. Without prejudice to an individual
contract between the controller and the processor, the contract or the other legal
act referred to in paragraphs 3 and 4 of this Article may be based, in whole or
in part, on standard contractual clauses referred to in paragraphs 7
and 8 of this Article, including when they are part of a certification
granted to the controller or processor pursuant to Articles 42 and 43.

7. The Commission may lay down
standard contractual clauses for the matters referred to in paragraph 3 and 4
of this Article and in accordance with the examination procedure referred to in
Article 93(2).

8. A supervisory authority may adopt
standard contractual clauses for the matters referred to in paragraph 3 and 4
of this Article and in accordance with the consistency mechanism referred to in
Article 63.

9. The contract or the other legal
act referred to in paragraphs 3 and 4 shall be in writing, including in
electronic form.

10. Without prejudice to Articles 82,
83 and 84, if a processor infringes this Regulation by determining the purposes
and means of processing, the processor shall be considered to be a controller
in respect of that processing.

Article 29

Processing under the authority of the controller or
processor

The processor and any person acting under the
authority of the controller or of the processor, who has access to personal
data, shall not process those data except on instructions from the controller,
unless required to do so by Union or Member State law.

Article 30

Records of processing activities

1. Each controller and, where
applicable, the controller's representative, shall maintain a record of
processing activities under its responsibility. That record shall contain all
of the following information:

(a)

the name and contact details of the controller and,
where applicable, the joint controller, the controller's representative and
the data protection officer;

(b)

the purposes of the processing;

(c)

a description of the categories of data subjects and
of the categories of personal data;

(d)

the categories of recipients to whom the personal
data have been or will be disclosed including recipients in third countries
or international organisations;

(e)

where applicable, transfers of personal data to a
third country or an international organisation, including the identification
of that third country or international organisation and, in the case of
transfers referred to in the second subparagraph of Article 49(1), the
documentation of suitable safeguards;

(f)

where possible, the envisaged time limits for
erasure of the different categories of data;

(g)

where possible, a general description of the
technical and organisational security measures referred to in
Article 32(1).

2. Each processor and, where
applicable, the processor's representative shall maintain a record of all
categories of processing activities carried out on behalf of a controller,
containing:

(a)

the name and contact details of the processor or
processors and of each controller on behalf of which the processor is acting,
and, where applicable, of the controller's or the processor's representative,
and the data protection officer;

(b)

the categories of processing carried out on behalf
of each controller;

(c)

where applicable, transfers of personal data to a
third country or an international organisation, including the identification
of that third country or international organisation and, in the case of
transfers referred to in the second subparagraph of Article 49(1), the
documentation of suitable safeguards;

(d)

where possible, a general description of the
technical and organisational security measures referred to in
Article 32(1).

3. The records referred to in
paragraphs 1 and 2 shall be in writing, including in electronic form.

4. The controller or the processor
and, where applicable, the controller's or the processor's representative,
shall make the record available to the supervisory authority on request.

5. The obligations referred to in
paragraphs 1 and 2 shall not apply to an enterprise or an organisation
employing fewer than 250 persons unless the processing it carries out is likely
to result in a risk to the rights and freedoms of data subjects, the
processing is not occasional, or the processing includes special categories of
data as referred to in Article 9(1) or personal data relating to criminal
convictions and offences referred to in Article 10.

Article 31

Cooperation with the supervisory authority

The controller and the processor and, where
applicable, their representatives, shall cooperate, on request, with the
supervisory authority in the performance of its tasks.

Section
2

Security
of personal data

Article 32

Security of processing

1. Taking into account the state of
the art, the costs of implementation and the nature, scope, context and
purposes of processing as well as the risk of varying likelihood and severity
for the rights and freedoms of natural persons, the controller and the
processor shall implement appropriate technical and organisational measures to
ensure a level of security appropriate to the risk, including inter alia as
appropriate:

(a)

the pseudonymisation and encryption of personal
data;

(b)

the ability to ensure the ongoing confidentiality,
integrity, availability and resilience of processing systems and services;

(c)

the ability to restore the availability and access
to personal data in a timely manner in the event of a physical or technical
incident;

(d)

a process for regularly testing, assessing and
evaluating the effectiveness of technical and organisational measures for
ensuring the security of the processing.

2. In assessing the appropriate level
of security account shall be taken in particular of the risks that are
presented by processing, in particular from accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to personal data
transmitted, stored or otherwise processed.

3. Adherence to an approved code of
conduct as referred to in Article 40 or an approved certification mechanism as
referred to in Article 42 may be used as an element by which to demonstrate
compliance with the requirements set out in paragraph 1 of this Article.

4. The controller and processor shall
take steps to ensure that any natural person acting under the authority of the
controller or the processor who has access to personal data does not process
them except on instructions from the controller, unless he or she is required
to do so by Union or Member State law.

Article 33

Notification of a personal data breach to the
supervisory authority

1. In the case of a personal data
breach, the controller shall without undue delay and, where feasible, not later
than 72 hours after having become aware of it, notify the personal data breach
to the supervisory authority competent in accordance with Article 55,
unless the personal data breach is unlikely to result in a risk to the rights
and freedoms of natural persons. Where the notification to the supervisory
authority is not made within 72 hours, it shall be accompanied by reasons
for the delay.

2. The processor shall notify the
controller without undue delay after becoming aware of a personal data breach.

3. The notification referred to in
paragraph 1 shall at least:

(a)

describe the nature of the personal data breach
including where possible, the categories and approximate number of data
subjects concerned and the categories and approximate number of personal data
records concerned;

(b)

communicate the name and contact details of the data
protection officer or other contact point where more information can be
obtained;

(c)

describe the likely consequences of the personal
data breach;

(d)

describe the measures taken or proposed to be taken
by the controller to address the personal data breach, including, where
appropriate, measures to mitigate its possible adverse effects.

4. Where, and in so far as, it is not
possible to provide the information at the same time, the information may be
provided in phases without undue further delay.

5. The controller shall document any
personal data breaches, comprising the facts relating to the personal data
breach, its effects and the remedial action taken. That documentation shall
enable the supervisory authority to verify compliance with this Article.

Article 34

Communication of a personal data breach to the data
subject

1. When the personal data breach is
likely to result in a high risk to the rights and freedoms of natural persons,
the controller shall communicate the personal data breach to the data subject
without undue delay.

2. The communication to the data
subject referred to in paragraph 1 of this Article shall describe in clear and plain
language the nature of the personal data breach and contain at least the
information and measures referred to in points (b), (c) and (d) of
Article 33(3).

3. The communication to the data
subject referred to in paragraph 1 shall not be required if any of the
following conditions are met:

(a)

the controller has implemented appropriate technical
and organisational protection measures, and those measures were applied to
the personal data affected by the personal data breach, in particular those
that render the personal data unintelligible to any person who is not
authorised to access it, such as encryption;

(b)

the controller has taken subsequent measures which
ensure that the high risk to the rights and freedoms of data subjects
referred to in paragraph 1 is no longer likely to materialise;

(c)

it would involve disproportionate effort. In such a
case, there shall instead be a public communication or similar measure
whereby the data subjects are informed in an equally effective manner.

4. If the controller has not already
communicated the personal data breach to the data subject, the supervisory
authority, having considered the likelihood of the personal data breach
resulting in a high risk, may require it to do so or may decide that any of the
conditions referred to in paragraph 3 are met.

Section
3

Data
protection impact assessment and prior consultation

Article 35

Data protection impact assessment

1. Where a type of processing in
particular using new technologies, and taking into account the nature, scope,
context and purposes of the processing, is likely to result in a high risk to
the rights and freedoms of natural persons, the controller shall, prior to the
processing, carry out an assessment of the impact of the envisaged processing
operations on the protection of personal data. A single assessment may address
a set of similar processing operations that present similar high risks.

2. The controller shall seek the
advice of the data protection officer, where designated, when carrying out a
data protection impact assessment.

3. A data protection impact
assessment referred to in paragraph 1 shall in particular be required in
the case of:

(a)

a systematic and extensive evaluation of personal
aspects relating to natural persons which is based on automated processing,
including profiling, and on which decisions are based that produce legal
effects concerning the natural person or similarly significantly affect the
natural person;

(b)

processing on a large scale of special categories of
data referred to in Article 9(1), or of personal data relating to
criminal convictions and offences referred to in Article 10; or

(c)

a systematic monitoring of a publicly accessible
area on a large scale.

4. The supervisory authority shall
establish and make public a list of the kind of processing operations which are
subject to the requirement for a data protection impact assessment pursuant to
paragraph 1. The supervisory authority shall communicate those lists to
the Board referred to in Article 68.

5. The supervisory authority may also
establish and make public a list of the kind of processing operations for which
no data protection impact assessment is required. The supervisory authority
shall communicate those lists to the Board.

6. Prior to the adoption of the lists
referred to in paragraphs 4 and 5, the competent supervisory authority shall
apply the consistency mechanism referred to in Article 63 where such lists
involve processing activities which are related to the offering of goods or
services to data subjects or to the monitoring of their behaviour in several
Member States, or may substantially affect the free movement of personal
data within the Union.

7. The assessment shall contain at
least:

(a)

a systematic description of the envisaged processing
operations and the purposes of the processing, including, where applicable,
the legitimate interest pursued by the controller;

(b)

an assessment of the necessity and proportionality
of the processing operations in relation to the purposes;

(c)

an assessment of the risks to the rights and
freedoms of data subjects referred to in paragraph 1; and

(d)

the measures envisaged to address the risks,
including safeguards, security measures and mechanisms to ensure the
protection of personal data and to demonstrate compliance with this
Regulation taking into account the rights and legitimate interests of data
subjects and other persons concerned.

8. Compliance with approved codes of
conduct referred to in Article 40 by the relevant controllers or
processors shall be taken into due account in assessing the impact of the
processing operations performed by such controllers or processors, in
particular for the purposes of a data protection impact assessment.

9. Where appropriate, the controller
shall seek the views of data subjects or their representatives on the intended
processing, without prejudice to the protection of commercial or public
interests or the security of processing operations.

10. Where processing pursuant to
point (c) or (e) of Article 6(1) has a legal basis in Union law or in the law
of the Member State to which the controller is subject, that law regulates
the specific processing operation or set of operations in question, and a data
protection impact assessment has already been carried out as part of a general
impact assessment in the context of the adoption of that legal basis,
paragraphs 1 to 7 shall not apply unless Member States deem it to be
necessary to carry out such an assessment prior to processing activities.

11. Where necessary, the controller
shall carry out a review to assess if processing is performed in accordance
with the data protection impact assessment at least when there is a change of
the risk represented by processing operations.

Article 36

Prior consultation

1. The controller shall consult the
supervisory authority prior to processing where a data protection impact
assessment under Article 35 indicates that the processing would result in a
high risk in the absence of measures taken by the controller to mitigate the
risk.

2. Where the supervisory authority is
of the opinion that the intended processing referred to in paragraph 1
would infringe this Regulation, in particular where the controller has
insufficiently identified or mitigated the risk, the supervisory authority
shall, within period of up to eight weeks of receipt of the request for
consultation, provide written advice to the controller and, where applicable to
the processor, and may use any of its powers referred to in Article 58.
That period may be extended by six weeks, taking into account the complexity of
the intended processing. The supervisory authority shall inform the controller
and, where applicable, the processor, of any such extension within one month of
receipt of the request for consultation together with the reasons for the
delay. Those periods may be suspended until the supervisory authority has
obtained information it has requested for the purposes of the consultation.

where applicable, the respective responsibilities of
the controller, joint controllers and processors involved in the processing,
in particular for processing within a group of undertakings;

(b)

the purposes and means of the intended processing;

(c)

the measures and safeguards provided to protect the
rights and freedoms of data subjects pursuant to this Regulation;

(d)

where applicable, the contact details of the data protection
officer;

(e)

the data protection impact assessment provided for
in Article 35; and

(f)

any other information requested by the supervisory
authority.

4. Member States shall consult the
supervisory authority during the preparation of a proposal for a legislative
measure to be adopted by a national parliament, or of a regulatory measure
based on such a legislative measure, which relates to processing.

5. Notwithstanding paragraph 1,
Member State law may require controllers to consult with, and obtain prior
authorisation from, the supervisory authority in relation to processing by a
controller for the performance of a task carried out by the controller in the
public interest, including processing in relation to social protection and public
health.

Section
4

Data
protection officer

Article 37

Designation of the data protection officer

1. The controller and the processor
shall designate a data protection officer in any case where:

(a)

the processing is carried out by a public authority
or body, except for courts acting in their judicial capacity;

(b)

the core activities of the controller or the
processor consist of processing operations which, by virtue of their nature,
their scope and/or their purposes, require regular and systematic monitoring
of data subjects on a large scale; or

(c)

the core activities of the controller or the
processor consist of processing on a large scale of special categories of
data pursuant to Article 9 and personal data relating to criminal
convictions and offences referred to in Article 10.

2. A group of undertakings may
appoint a single data protection officer provided that a data protection
officer is easily accessible from each establishment.

3. Where the controller or the
processor is a public authority or body, a single data protection officer may
be designated for several such authorities or bodies, taking account of their
organisational structure and size.

4. In cases other than those referred
to in paragraph 1, the controller or processor or associations and other
bodies representing categories of controllers or processors may or, where
required by Union or Member State law shall, designate a data protection
officer. The data protection officer may act for such associations and other
bodies representing controllers or processors.

5. The data protection officer shall
be designated on the basis of professional qualities and, in particular, expert
knowledge of data protection law and practices and the ability to fulfil the
tasks referred to in Article 39.

6. The data protection officer may be
a staff member of the controller or processor, or fulfil the tasks on the basis
of a service contract.

7. The controller or the processor
shall publish the contact details of the data protection officer and
communicate them to the supervisory authority.

Article 38

Position of the data protection officer

1. The controller and the processor
shall ensure that the data protection officer is involved, properly and in a
timely manner, in all issues which relate to the protection of personal data.

2. The controller and processor shall
support the data protection officer in performing the tasks referred to in
Article 39 by providing resources necessary to carry out those tasks and
access to personal data and processing operations, and to maintain his or her
expert knowledge.

3. The controller and processor shall
ensure that the data protection officer does not receive any instructions
regarding the exercise of those tasks. He or she shall not be dismissed or
penalised by the controller or the processor for performing his tasks. The data
protection officer shall directly report to the highest management level of the
controller or the processor.

4. Data subjects may contact the data
protection officer with regard to all issues related to processing of their
personal data and to the exercise of their rights under this Regulation.

5. The data protection officer shall
be bound by secrecy or confidentiality concerning the performance of his or her
tasks, in accordance with Union or Member State law.

6. The data protection officer may
fulfil other tasks and duties. The controller or processor shall ensure that
any such tasks and duties do not result in a conflict of interests.

Article 39

Tasks of the data protection officer

1. The data protection officer shall
have at least the following tasks:

(a)

to inform and advise the controller or the processor
and the employees who carry out processing of their obligations pursuant to
this Regulation and to other Union or Member State data protection
provisions;

(b)

to monitor compliance with this Regulation, with
other Union or Member State data protection provisions and with the
policies of the controller or processor in relation to the protection of
personal data, including the assignment of responsibilities,
awareness-raising and training of staff involved in processing operations,
and the related audits;

(c)

to provide advice where requested as regards the
data protection impact assessment and monitor its performance pursuant to
Article 35;

(d)

to cooperate with the supervisory authority;

(e)

to act as the contact point for the supervisory
authority on issues relating to processing, including the prior consultation
referred to in Article 36, and to consult, where appropriate, with
regard to any other matter.

2. The data protection officer shall
in the performance of his or her tasks have due regard to the risk associated
with processing operations, taking into account the nature, scope, context and
purposes of processing.

Section
5

Codes of
conduct and certification

Article 40

Codes of conduct

1. The Member States, the supervisory
authorities, the Board and the Commission shall encourage the drawing up of
codes of conduct intended to contribute to the proper application of this
Regulation, taking account of the specific features of the various processing
sectors and the specific needs of micro, small and medium-sized enterprises.

2. Associations and other bodies
representing categories of controllers or processors may prepare codes of
conduct, or amend or extend such codes, for the purpose of specifying the
application of this Regulation, such as with regard to:

(a)

fair and transparent processing;

(b)

the legitimate interests pursued by controllers in
specific contexts;

(c)

the collection of personal data;

(d)

the pseudonymisation of personal data;

(e)

the information provided to the public and to data
subjects;

(f)

the exercise of the rights of data subjects;

(g)

the information provided to, and the protection of,
children, and the manner in which the consent of the holders of parental
responsibility over children is to be obtained;

(h)

the measures and procedures referred to in Articles
24 and 25 and the measures to ensure security of processing referred to in
Article 32;

(i)

the notification of personal data breaches to
supervisory authorities and the communication of such personal data breaches
to data subjects;

(j)

the transfer of personal data to third countries or
international organisations; or

(k)

out-of-court proceedings and other dispute
resolution procedures for resolving disputes between controllers and data
subjects with regard to processing, without prejudice to the rights of data
subjects pursuant to Articles 77 and 79.

3. In addition to adherence by
controllers or processors subject to this Regulation, codes of conduct approved
pursuant to paragraph 5 of this Article and having general validity pursuant to
paragraph 9 of this Article may also be adhered to by controllers or processors
that are not subject to this Regulation pursuant to Article 3 in order to
provide appropriate safeguards within the framework of personal data transfers
to third countries or international organisations under the terms referred to
in point (e) of Article 46(2). Such controllers or processors shall make
binding and enforceable commitments, via contractual or other legally binding
instruments, to apply those appropriate safeguards including with regard to the
rights of data subjects.

4. A code of conduct referred to in
paragraph 2 of this Article shall contain mechanisms which enable the body
referred to in Article 41(1) to carry out the mandatory monitoring of
compliance with its provisions by the controllers or processors which undertake
to apply it, without prejudice to the tasks and powers of supervisory
authorities competent pursuant to Article 55 or 56.

5. Associations and other bodies
referred to in paragraph 2 of this Article which intend to prepare a code of
conduct or to amend or extend an existing code shall submit the draft code,
amendment or extension to the supervisory authority which is competent pursuant
to Article 55. The supervisory authority shall provide an opinion on
whether the draft code, amendment or extension complies with this Regulation
and shall approve that draft code, amendment or extension if it finds that it
provides sufficient appropriate safeguards.

6. Where the draft code, or amendment
or extension is approved in accordance with paragraph 5, and where the
code of conduct concerned does not relate to processing activities in several
Member States, the supervisory authority shall register and publish the
code.

7. Where a draft code of conduct
relates to processing activities in several Member States, the supervisory
authority which is competent pursuant to Article 55 shall, before approving the
draft code, amendment or extension, submit it in the procedure referred to in
Article 63 to the Board which shall provide an opinion on whether the
draft code, amendment or extension complies with this Regulation or, in the
situation referred to in paragraph 3 of this Article, provides appropriate
safeguards.

8. Where the opinion referred to in
paragraph 7 confirms that the draft code, amendment or extension complies with
this Regulation, or, in the situation referred to in paragraph 3, provides
appropriate safeguards, the Board shall submit its opinion to the Commission.

9. The Commission may, by way of
implementing acts, decide that the approved code of conduct, amendment or
extension submitted to it pursuant to paragraph 8 of this Article have
general validity within the Union. Those implementing acts shall be adopted in
accordance with the examination procedure set out in Article 93(2).

10. The Commission shall ensure
appropriate publicity for the approved codes which have been decided as having
general validity in accordance with paragraph 9.

11. The Board shall collate all
approved codes of conduct, amendments and extensions in a register and shall make
them publicly available by way of appropriate means.

Article 41

Monitoring of approved codes of conduct

1. Without prejudice to the tasks and
powers of the competent supervisory authority under Articles 57 and 58,
the monitoring of compliance with a code of conduct pursuant to Article 40
may be carried out by a body which has an appropriate level of expertise in
relation to the subject-matter of the code and is accredited for that purpose
by the competent supervisory authority.

2. A body as referred to in
paragraph 1 may be accredited to monitor compliance with a code of conduct
where that body has:

(a)

demonstrated its independence and expertise in
relation to the subject-matter of the code to the satisfaction of the
competent supervisory authority;

(b)

established procedures which allow it to assess the
eligibility of controllers and processors concerned to apply the code, to
monitor their compliance with its provisions and to periodically review its
operation;

(c)

established procedures and structures to handle
complaints about infringements of the code or the manner in which the code
has been, or is being, implemented by a controller or processor, and to make
those procedures and structures transparent to data subjects and the public;
and

(d)

demonstrated to the satisfaction of the competent
supervisory authority that its tasks and duties do not result in a conflict
of interests.

3. The competent supervisory
authority shall submit the draft criteria for accreditation of a body as
referred to in paragraph 1 of this Article to the Board pursuant to the
consistency mechanism referred to in Article 63.

4. Without prejudice to the tasks and
powers of the competent supervisory authority and the provisions of
Chapter VIII, a body as referred to in paragraph 1 of this Article shall,
subject to appropriate safeguards, take appropriate action in cases of
infringement of the code by a controller or processor, including suspension or
exclusion of the controller or processor concerned from the code. It shall
inform the competent supervisory authority of such actions and the reasons for
taking them.

5. The competent supervisory
authority shall revoke the accreditation of a body as referred to in
paragraph 1 if the conditions for accreditation are not, or are no longer,
met or where actions taken by the body infringe this Regulation.

6. This Article shall not apply to
processing carried out by public authorities and bodies.

Article 42

Certification

1. The Member States, the supervisory
authorities, the Board and the Commission shall encourage, in particular at
Union level, the establishment of data protection certification mechanisms and
of data protection seals and marks, for the purpose of demonstrating compliance
with this Regulation of processing operations by controllers and processors.
The specific needs of micro, small and medium-sized enterprises shall be taken
into account.

2. In addition to adherence by
controllers or processors subject to this Regulation, data protection
certification mechanisms, seals or marks approved pursuant to paragraph 5
of this Article may be established for the purpose of demonstrating the
existence of appropriate safeguards provided by controllers or processors that
are not subject to this Regulation pursuant to Article 3 within the
framework of personal data transfers to third countries or international
organisations under the terms referred to in point (f) of
Article 46(2). Such controllers or processors shall make binding and
enforceable commitments, via contractual or other legally binding instruments,
to apply those appropriate safeguards, including with regard to the rights of
data subjects.

3. The certification shall be
voluntary and available via a process that is transparent.

4. A certification pursuant to this
Article does not reduce the responsibility of the controller or the processor
for compliance with this Regulation and is without prejudice to the tasks and
powers of the supervisory authorities which are competent pursuant to
Article 55 or 56.

5. A certification pursuant to this
Article shall be issued by the certification bodies referred to in
Article 43 or by the competent supervisory authority, on the basis of
criteria approved by that competent supervisory authority pursuant to
Article 58(3) or by the Board pursuant to Article 63. Where the
criteria are approved by the Board, this may result in a common certification,
the European Data Protection Seal.

6. The controller or processor which
submits its processing to the certification mechanism shall provide the
certification body referred to in Article 43, or where applicable, the
competent supervisory authority, with all information and access to its
processing activities which are necessary to conduct the certification
procedure.

7. Certification shall be issued to a
controller or processor for a maximum period of three years and may be renewed,
under the same conditions, provided that the relevant requirements continue to
be met. Certification shall be withdrawn, as applicable, by the certification
bodies referred to in Article 43 or by the competent supervisory authority
where the requirements for the certification are not or are no longer met.

8. The Board shall collate all
certification mechanisms and data protection seals and marks in a register and
shall make them publicly available by any appropriate means.

Article 43

Certification bodies

1. Without prejudice to the tasks and
powers of the competent supervisory authority under Articles 57 and 58,
certification bodies which have an appropriate level of expertise in relation
to data protection shall, after informing the supervisory authority in order to
allow it to exercise its powers pursuant to point (h) of Article 58(2)
where necessary, issue and renew certification. Member States shall ensure that
those certification bodies are accredited by one or both of the following:

(a)

the supervisory authority which is competent
pursuant to Article 55 or 56;

(b)

the national accreditation body named in accordance
with Regulation (EC) No 765/2008 of the European Parliament and of the
Council (20) in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements
established by the supervisory authority which is competent pursuant to
Article 55 or 56.

2. Certification bodies referred to
in paragraph 1 shall be accredited in accordance with that paragraph only
where they have:

(a)

demonstrated their independence and expertise in
relation to the subject-matter of the certification to the satisfaction of
the competent supervisory authority;

(b)

undertaken to respect the criteria referred to in
Article 42(5) and approved by the supervisory authority which is competent
pursuant to Article 55 or 56 or by the Board pursuant to
Article 63;

(c)

established procedures for the issuing, periodic
review and withdrawal of data protection certification, seals and marks;

(d)

established procedures and structures to handle
complaints about infringements of the certification or the manner in which
the certification has been, or is being, implemented by the controller or
processor, and to make those procedures and structures transparent to data
subjects and the public; and

(e)

demonstrated, to the satisfaction of the competent
supervisory authority, that their tasks and duties do not result in a
conflict of interests.

3. The accreditation of certification
bodies as referred to in paragraphs 1 and 2 of this Article shall take
place on the basis of criteria approved by the supervisory authority which is
competent pursuant to Article 55 or 56 or by the Board pursuant to
Article 63. In the case of accreditation pursuant to point (b) of
paragraph 1 of this Article, those requirements shall complement those
envisaged in Regulation (EC) No 765/2008 and the technical rules that
describe the methods and procedures of the certification bodies.

4. The certification bodies referred
to in paragraph 1 shall be responsible for the proper assessment leading
to the certification or the withdrawal of such certification without prejudice
to the responsibility of the controller or processor for compliance with this
Regulation. The accreditation shall be issued for a maximum period of five
years and may be renewed on the same conditions provided that the certification
body meets the requirements set out in this Article.

5. The certification bodies referred
to in paragraph 1 shall provide the competent supervisory authorities with
the reasons for granting or withdrawing the requested certification.

6. The requirements referred to in
paragraph 3 of this Article and the criteria referred to in
Article 42(5) shall be made public by the supervisory authority in an
easily accessible form. The supervisory authorities shall also transmit those
requirements and criteria to the Board. The Board shall collate all
certification mechanisms and data protection seals in a register and shall make
them publicly available by any appropriate means.

7. Without prejudice to Chapter VIII,
the competent supervisory authority or the national accreditation body shall
revoke an accreditation of a certification body pursuant to paragraph 1 of
this Article where the conditions for the accreditation are not, or are no
longer, met or where actions taken by a certification body infringe this
Regulation.

8. The Commission shall be empowered
to adopt delegated acts in accordance with Article 92 for the purpose of
specifying the requirements to be taken into account for the data protection
certification mechanisms referred to in Article 42(1).

9. The Commission may adopt
implementing acts laying down technical standards for certification mechanisms
and data protection seals and marks, and mechanisms to promote and recognise
those certification mechanisms, seals and marks. Those implementing acts shall
be adopted in accordance with the examination procedure referred to in
Article 93(2).

CHAPTER
V

Transfers
of personal data to third countries or international organisations

Article 44

General principle for transfers

Any transfer of personal data which are undergoing
processing or are intended for processing after transfer to a third country or
to an international organisation shall take place only if, subject to the other
provisions of this Regulation, the conditions laid down in this Chapter are
complied with by the controller and processor, including for onward transfers
of personal data from the third country or an international organisation to
another third country or to another international organisation. All provisions
in this Chapter shall be applied in order to ensure that the level of
protection of natural persons guaranteed by this Regulation is not undermined.

Article 45

Transfers on the basis of an adequacy decision

1. A transfer of personal data to a
third country or an international organisation may take place where the
Commission has decided that the third country, a territory or one or more
specified sectors within that third country, or the international organisation
in question ensures an adequate level of protection. Such a transfer shall not
require any specific authorisation.

2. When assessing the adequacy of the
level of protection, the Commission shall, in particular, take account of the
following elements:

(a)

the rule of law, respect for human rights and
fundamental freedoms, relevant legislation, both general and sectoral,
including concerning public security, defence, national security and criminal
law and the access of public authorities to personal data, as well as the
implementation of such legislation, data protection rules, professional rules
and security measures, including rules for the onward transfer of personal
data to another third country or international organisation which are complied
with in that country or international organisation, case-law, as well as
effective and enforceable data subject rights and effective administrative
and judicial redress for the data subjects whose personal data are being
transferred;

(b)

the existence and effective functioning of one or
more independent supervisory authorities in the third country or to which an
international organisation is subject, with responsibility for ensuring and
enforcing compliance with the data protection rules, including adequate
enforcement powers, for assisting and advising the data subjects in
exercising their rights and for cooperation with the supervisory authorities
of the Member States; and

(c)

the international commitments the third country or
international organisation concerned has entered into, or other obligations
arising from legally binding conventions or instruments as well as from its
participation in multilateral or regional systems, in particular in relation
to the protection of personal data.

3. The Commission, after assessing
the adequacy of the level of protection, may decide, by means of implementing
act, that a third country, a territory or one or more specified sectors within
a third country, or an international organisation ensures an adequate level of
protection within the meaning of paragraph 2 of this Article. The
implementing act shall provide for a mechanism for a periodic review, at least
every four years, which shall take into account all relevant developments in
the third country or international organisation. The implementing act shall
specify its territorial and sectoral application and, where applicable,
identify the supervisory authority or authorities referred to in point (b) of
paragraph 2 of this Article. The implementing act shall be adopted in
accordance with the examination procedure referred to in Article 93(2).

4. The Commission shall, on an
ongoing basis, monitor developments in third countries and international
organisations that could affect the functioning of decisions adopted pursuant
to paragraph 3 of this Article and decisions adopted on the basis of
Article 25(6) of Directive 95/46/EC.

5. The Commission shall, where
available information reveals, in particular following the review referred to
in paragraph 3 of this Article, that a third country, a territory or one or
more specified sectors within a third country, or an international organisation
no longer ensures an adequate level of protection within the meaning of
paragraph 2 of this Article, to the extent necessary, repeal, amend or
suspend the decision referred to in paragraph 3 of this Article by means
of implementing acts without retro-active effect. Those implementing acts shall
be adopted in accordance with the examination procedure referred to in Article 93(2).

On duly justified imperative grounds of urgency, the
Commission shall adopt immediately applicable implementing acts in accordance
with the procedure referred to in Article 93(3).

6. The Commission shall enter into
consultations with the third country or international organisation with a view
to remedying the situation giving rise to the decision made pursuant to
paragraph 5.

7. A decision pursuant to
paragraph 5 of this Article is without prejudice to transfers of personal
data to the third country, a territory or one or more specified sectors within
that third country, or the international organisation in question pursuant to
Articles 46 to 49.

8. The Commission shall publish in
the Official
Journal of the European Union and on its website a list
of the third countries, territories and specified sectors within a third
country and international organisations for which it has decided that an
adequate level of protection is or is no longer ensured.

9. Decisions adopted by the
Commission on the basis of Article 25(6) of Directive 95/46/EC shall
remain in force until amended, replaced or repealed by a Commission Decision
adopted in accordance with paragraph 3 or 5 of this Article.

Article 46

Transfers subject to appropriate safeguards

1. In the absence of a decision
pursuant to Article 45(3), a controller or processor may transfer personal data
to a third country or an international organisation only if the controller or
processor has provided appropriate safeguards, and on condition that enforceable
data subject rights and effective legal remedies for data subjects are
available.

2. The appropriate safeguards
referred to in paragraph 1 may be provided for, without requiring any specific
authorisation from a supervisory authority, by:

(a)

a legally binding and enforceable instrument between
public authorities or bodies;

(b)

binding corporate rules in accordance with Article
47;

(c)

standard data protection clauses adopted by the
Commission in accordance with the examination procedure referred to in
Article 93(2);

(d)

standard data protection clauses adopted by a
supervisory authority and approved by the Commission pursuant to the
examination procedure referred to in Article 93(2);

(e)

an approved code of conduct pursuant to Article 40
together with binding and enforceable commitments of the controller or
processor in the third country to apply the appropriate safeguards, including
as regards data subjects' rights; or

(f)

an approved certification mechanism pursuant to
Article 42 together with binding and enforceable commitments of the
controller or processor in the third country to apply the appropriate
safeguards, including as regards data subjects' rights.

3. Subject to the authorisation from
the competent supervisory authority, the appropriate safeguards referred to in
paragraph 1 may also be provided for, in particular, by:

(a)

contractual clauses between the controller or
processor and the controller, processor or the recipient of the personal data
in the third country or international organisation; or

(b)

provisions to be inserted into administrative
arrangements between public authorities or bodies which include enforceable
and effective data subject rights.

4. The supervisory authority shall
apply the consistency mechanism referred to in Article 63 in the cases
referred to in paragraph 3 of this Article.

5. Authorisations by a Member State
or supervisory authority on the basis of Article 26(2) of Directive
95/46/EC shall remain valid until amended, replaced or repealed, if necessary,
by that supervisory authority. Decisions adopted by the Commission on the basis
of Article 26(4) of Directive 95/46/EC shall remain in force until
amended, replaced or repealed, if necessary, by a Commission Decision adopted
in accordance with paragraph 2 of this Article.

Article 47

Binding corporate rules

1. The competent supervisory
authority shall approve binding corporate rules in accordance with the
consistency mechanism set out in Article 63, provided that they:

(a)

are legally binding and apply to and are enforced by
every member concerned of the group of undertakings, or group of enterprises
engaged in a joint economic activity, including their employees;

(b)

expressly confer enforceable rights on data subjects
with regard to the processing of their personal data; and

the structure and contact details of the group of
undertakings, or group of enterprises engaged in a joint economic activity
and of each of its members;

(b)

the data transfers or set of transfers, including
the categories of personal data, the type of processing and its purposes, the
type of data subjects affected and the identification of the third country or
countries in question;

(c)

their legally binding nature, both internally and
externally;

(d)

the application of the general data protection
principles, in particular purpose limitation, data minimisation, limited storage
periods, data quality, data protection by design and by default, legal basis
for processing, processing of special categories of personal data, measures
to ensure data security, and the requirements in respect of onward transfers
to bodies not bound by the binding corporate rules;

(e)

the rights of data subjects in regard to processing
and the means to exercise those rights, including the right not to be subject
to decisions based solely on automated processing, including profiling in
accordance with Article 22, the right to lodge a complaint with the
competent supervisory authority and before the competent courts of the Member
States in accordance with Article 79, and to obtain redress and, where
appropriate, compensation for a breach of the binding corporate rules;

(f)

the acceptance by the controller or processor
established on the territory of a Member State of liability for any
breaches of the binding corporate rules by any member concerned not
established in the Union; the controller or the processor shall be exempt
from that liability, in whole or in part, only if it proves that that member
is not responsible for the event giving rise to the damage;

(g)

how the information on the binding corporate rules,
in particular on the provisions referred to in points (d), (e) and (f)
of this paragraph is provided to the data subjects in addition to
Articles 13 and 14;

(h)

the tasks of any data protection officer designated
in accordance with Article 37 or any other person or entity in charge of
the monitoring compliance with the binding corporate rules within the group
of undertakings, or group of enterprises engaged in a joint economic
activity, as well as monitoring training and complaint-handling;

(i)

the complaint procedures;

(j)

the mechanisms within the group of undertakings, or
group of enterprises engaged in a joint economic activity for ensuring the
verification of compliance with the binding corporate rules. Such mechanisms
shall include data protection audits and methods for ensuring corrective
actions to protect the rights of the data subject. Results of such
verification should be communicated to the person or entity referred to in
point (h) and to the board of the controlling undertaking of a group of
undertakings, or of the group of enterprises engaged in a joint economic
activity, and should be available upon request to the competent supervisory
authority;

(k)

the mechanisms for reporting and recording changes
to the rules and reporting those changes to the supervisory authority;

(l)

the cooperation mechanism with the supervisory
authority to ensure compliance by any member of the group of undertakings, or
group of enterprises engaged in a joint economic activity, in particular by
making available to the supervisory authority the results of verifications of
the measures referred to in point (j);

(m)

the mechanisms for reporting to the competent
supervisory authority any legal requirements to which a member of the group
of undertakings, or group of enterprises engaged in a joint economic activity
is subject in a third country which are likely to have a substantial adverse
effect on the guarantees provided by the binding corporate rules; and

(n)

the appropriate data protection training to
personnel having permanent or regular access to personal data.

3. The Commission may specify the
format and procedures for the exchange of information between controllers,
processors and supervisory authorities for binding corporate rules within the
meaning of this Article. Those implementing acts shall be adopted in accordance
with the examination procedure set out in Article 93(2).

Article 48

Transfers or disclosures not authorised by Union law

Any judgment of a court or tribunal and any decision
of an administrative authority of a third country requiring a controller or
processor to transfer or disclose personal data may only be recognised or
enforceable in any manner if based on an international agreement, such as a
mutual legal assistance treaty, in force between the requesting third country
and the Union or a Member State, without prejudice to other grounds for
transfer pursuant to this Chapter.

Article 49

Derogations for specific situations

1. In the absence of an adequacy
decision pursuant to Article 45(3), or of appropriate safeguards pursuant
to Article 46, including binding corporate rules, a transfer or a set of
transfers of personal data to a third country or an international organisation
shall take place only on one of the following conditions:

(a)

the data subject has explicitly consented to the
proposed transfer, after having been informed of the possible risks of such
transfers for the data subject due to the absence of an adequacy decision and
appropriate safeguards;

(b)

the transfer is necessary for the performance of a
contract between the data subject and the controller or the implementation of
pre-contractual measures taken at the data subject's request;

(c)

the transfer is necessary for the conclusion or
performance of a contract concluded in the interest of the data subject
between the controller and another natural or legal person;

(d)

the transfer is necessary for important reasons of
public interest;

(e)

the transfer is necessary for the establishment,
exercise or defence of legal claims;

(f)

the transfer is necessary in order to protect the
vital interests of the data subject or of other persons, where the data
subject is physically or legally incapable of giving consent;

(g)

the transfer is made from a register which according
to Union or Member State law is intended to provide information to the public
and which is open to consultation either by the public in general or by any
person who can demonstrate a legitimate interest, but only to the extent that
the conditions laid down by Union or Member State law for consultation
are fulfilled in the particular case.

Where a transfer could not be based on a provision in
Article 45 or 46, including the provisions on binding corporate rules, and none
of the derogations for a specific situation referred to in the first
subparagraph of this paragraph is applicable, a transfer to a third country or
an international organisation may take place only if the transfer is not
repetitive, concerns only a limited number of data subjects, is necessary for
the purposes of compelling legitimate interests pursued by the controller which
are not overridden by the interests or rights and freedoms of the data subject,
and the controller has assessed all the circumstances surrounding the data
transfer and has on the basis of that assessment provided suitable safeguards
with regard to the protection of personal data. The controller shall inform the
supervisory authority of the transfer. The controller shall, in addition to
providing the information referred to in Articles 13 and 14, inform the
data subject of the transfer and on the compelling legitimate interests
pursued.

2. A transfer pursuant to point (g)
of the first subparagraph of paragraph 1 shall not involve the entirety of the
personal data or entire categories of the personal data contained in the
register. Where the register is intended for consultation by persons having a
legitimate interest, the transfer shall be made only at the request of those
persons or if they are to be the recipients.

3. Points (a), (b) and (c) of the
first subparagraph of paragraph 1 and the second subparagraph thereof shall not
apply to activities carried out by public authorities in the exercise of their
public powers.

4. The public interest referred to in
point (d) of the first subparagraph of paragraph 1 shall be recognised in Union
law or in the law of the Member State to which the controller is subject.

5. In the absence of an adequacy
decision, Union or Member State law may, for important reasons of public
interest, expressly set limits to the transfer of specific categories of
personal data to a third country or an international organisation. Member
States shall notify such provisions to the Commission.

6. The controller or processor shall
document the assessment as well as the suitable safeguards referred to in the
second subparagraph of paragraph 1 of this Article in the records referred
to in Article 30.

Article 50

International cooperation for the protection of
personal data

In relation to third countries and international
organisations, the Commission and supervisory authorities shall take
appropriate steps to:

(a)

develop international cooperation mechanisms to
facilitate the effective enforcement of legislation for the protection of
personal data;

(b)

provide international mutual assistance in the
enforcement of legislation for the protection of personal data, including
through notification, complaint referral, investigative assistance and
information exchange, subject to appropriate safeguards for the protection of
personal data and other fundamental rights and freedoms;

(c)

engage relevant stakeholders in discussion and
activities aimed at furthering international cooperation in the enforcement
of legislation for the protection of personal data;

(d)

promote the exchange and documentation of personal
data protection legislation and practice, including on jurisdictional
conflicts with third countries.

CHAPTER
VI

Independent
supervisory authorities

Section
1

Independent
status

Article 51

Supervisory authority

1. Each Member State shall provide
for one or more independent public authorities to be responsible for monitoring
the application of this Regulation, in order to protect the fundamental rights
and freedoms of natural persons in relation to processing and to facilitate the
free flow of personal data within the Union (‘supervisory authority’).

2. Each supervisory authority shall
contribute to the consistent application of this Regulation throughout the
Union. For that purpose, the supervisory authorities shall cooperate with each
other and the Commission in accordance with Chapter VII.

3. Where more than one supervisory
authority is established in a Member State, that Member State shall
designate the supervisory authority which is to represent those authorities in
the Board and shall set out the mechanism to ensure compliance by the other
authorities with the rules relating to the consistency mechanism referred to in
Article 63.

4. Each Member State shall notify to
the Commission the provisions of its law which it adopts pursuant to this
Chapter, by 25 May 2018 and, without delay, any subsequent amendment affecting
them.

Article 52

Independence

1. Each supervisory authority shall
act with complete independence in performing its tasks and exercising its
powers in accordance with this Regulation.

2. The member or members of each
supervisory authority shall, in the performance of their tasks and exercise of
their powers in accordance with this Regulation, remain free from external
influence, whether direct or indirect, and shall neither seek nor take
instructions from anybody.

3. Member or members of each
supervisory authority shall refrain from any action incompatible with their
duties and shall not, during their term of office, engage in any incompatible
occupation, whether gainful or not.

4. Each Member State shall ensure
that each supervisory authority is provided with the human, technical and
financial resources, premises and infrastructure necessary for the effective
performance of its tasks and exercise of its powers, including those to be
carried out in the context of mutual assistance, cooperation and participation
in the Board.

5. Each Member State shall ensure
that each supervisory authority chooses and has its own staff which shall be subject
to the exclusive direction of the member or members of the supervisory
authority concerned.

6. Each Member State shall ensure
that each supervisory authority is subject to financial control which does not
affect its independence and that it has separate, public annual budgets, which
may be part of the overall state or national budget.

Article 53

General conditions for the members of the supervisory
authority

1. Member States shall provide for
each member of their supervisory authorities to be appointed by means of a
transparent procedure by:

—

their parliament;

—

their government;

—

their head of State; or

—

an independent body entrusted with the appointment
under Member State law.

2. Each member shall have the
qualifications, experience and skills, in particular in the area of the
protection of personal data, required to perform its duties and exercise its
powers.

3. The duties of a member shall end
in the event of the expiry of the term of office, resignation or compulsory
retirement, in accordance with the law of the Member State concerned.

4. A member shall be dismissed only
in cases of serious misconduct or if the member no longer fulfils the
conditions required for the performance of the duties.

Article 54

Rules on the establishment of the supervisory
authority

1. Each Member State shall provide by
law for all of the following:

(a)

the establishment of each supervisory authority;

(b)

the qualifications and eligibility conditions
required to be appointed as member of each supervisory authority;

(c)

the rules and procedures for the appointment of the
member or members of each supervisory authority;

(d)

the duration of the term of the member or members of
each supervisory authority of no less than four years, except for the first
appointment after 24 May 2016, part of which may take place for a shorter
period where that is necessary to protect the independence of the supervisory
authority by means of a staggered appointment procedure;

(e)

whether and, if so, for how many terms the member or
members of each supervisory authority is eligible for reappointment;

(f)

the conditions governing the obligations of the
member or members and staff of each supervisory authority, prohibitions on
actions, occupations and benefits incompatible therewith during and after the
term of office and rules governing the cessation of employment.

2. The member or members and the
staff of each supervisory authority shall, in accordance with Union or Member
State law, be subject to a duty of professional secrecy both during and after
their term of office, with regard to any confidential information which has
come to their knowledge in the course of the performance of their tasks or
exercise of their powers. During their term of office, that duty of
professional secrecy shall in particular apply to reporting by natural persons
of infringements of this Regulation.

Section
2

Competence,
tasks and powers

Article 55

Competence

1. Each supervisory authority shall
be competent for the performance of the tasks assigned to and the exercise of
the powers conferred on it in accordance with this Regulation on the territory
of its own Member State.

2. Where processing is carried out by
public authorities or private bodies acting on the basis of point (c) or
(e) of Article 6(1), the supervisory authority of the Member State
concerned shall be competent. In such cases Article 56 does not apply.

3. Supervisory authorities shall not
be competent to supervise processing operations of courts acting in their
judicial capacity.

Article 56

Competence of the lead supervisory authority

1. Without prejudice to Article 55,
the supervisory authority of the main establishment or of the single
establishment of the controller or processor shall be competent to act as lead
supervisory authority for the cross-border processing carried out by that
controller or processor in accordance with the procedure provided in Article
60.

2. By derogation from paragraph 1,
each supervisory authority shall be competent to handle a complaint lodged with
it or a possible infringement of this Regulation, if the subject matter relates
only to an establishment in its Member State or substantially affects data
subjects only in its Member State.

3. In the cases referred to in
paragraph 2 of this Article, the supervisory authority shall inform the lead
supervisory authority without delay on that matter. Within a period of three
weeks after being informed the lead supervisory authority shall decide whether
or not it will handle the case in accordance with the procedure provided in
Article 60, taking into account whether or not there is an establishment of the
controller or processor in the Member State of which the supervisory authority
informed it.

4. Where the lead supervisory
authority decides to handle the case, the procedure provided in Article 60
shall apply. The supervisory authority which informed the lead supervisory
authority may submit to the lead supervisory authority a draft for a decision.
The lead supervisory authority shall take utmost account of that draft when
preparing the draft decision referred to in Article 60(3).

5. Where the lead supervisory
authority decides not to handle the case, the supervisory authority which
informed the lead supervisory authority shall handle it according to
Articles 61 and 62.

6. The lead supervisory authority
shall be the sole interlocutor of the controller or processor for the
cross-border processing carried out by that controller or processor.

Article 57

Tasks

1. Without prejudice to other tasks
set out under this Regulation, each supervisory authority shall on its
territory:

(a)

monitor and enforce the application of this
Regulation;

(b)

promote public awareness and understanding of the
risks, rules, safeguards and rights in relation to processing. Activities
addressed specifically to children shall receive specific attention;

(c)

advise, in accordance with Member State law, the
national parliament, the government, and other institutions and bodies on
legislative and administrative measures relating to the protection of natural
persons' rights and freedoms with regard to processing;

(d)

promote the awareness of controllers and processors
of their obligations under this Regulation;

(e)

upon request, provide information to any data
subject concerning the exercise of their rights under this Regulation and, if
appropriate, cooperate with the supervisory authorities in other Member
States to that end;

(f)

handle complaints lodged by a data subject, or by a
body, organisation or association in accordance with Article 80, and
investigate, to the extent appropriate, the subject matter of the complaint
and inform the complainant of the progress and the outcome of the
investigation within a reasonable period, in particular if further investigation
or coordination with another supervisory authority is necessary;

(g)

cooperate with, including sharing information and
provide mutual assistance to, other supervisory authorities with a view to
ensuring the consistency of application and enforcement of this Regulation;

(h)

conduct investigations on the application of this
Regulation, including on the basis of information received from another
supervisory authority or other public authority;

(i)

monitor relevant developments, insofar as they have
an impact on the protection of personal data, in particular the development
of information and communication technologies and commercial practices;

(j)

adopt standard contractual clauses referred to in
Article 28(8) and in point (d) of Article 46(2);

(k)

establish and maintain a list in relation to the
requirement for data protection impact assessment pursuant to
Article 35(4);

(l)

give advice on the processing operations referred to
in Article 36(2);

(m)

encourage the drawing up of codes of conduct
pursuant to Article 40(1) and provide an opinion and approve such codes
of conduct which provide sufficient safeguards, pursuant to
Article 40(5);

(n)

encourage the establishment of data protection
certification mechanisms and of data protection seals and marks pursuant to
Article 42(1), and approve the criteria of certification pursuant to
Article 42(5);

(o)

where applicable, carry out a periodic review of
certifications issued in accordance with Article 42(7);

(p)

draft and publish the criteria for accreditation of
a body for monitoring codes of conduct pursuant to Article 41 and of a
certification body pursuant to Article 43;

(q)

conduct the accreditation of a body for monitoring
codes of conduct pursuant to Article 41 and of a certification body
pursuant to Article 43;

(r)

authorise contractual clauses and provisions
referred to in Article 46(3);

(s)

approve binding corporate rules pursuant to
Article 47;

(t)

contribute to the activities of the Board;

(u)

keep internal records of infringements of this
Regulation and of measures taken in accordance with Article 58(2); and

(v)

fulfil any other tasks related to the protection of
personal data.

2. Each supervisory authority shall
facilitate the submission of complaints referred to in point (f) of
paragraph 1 by measures such as a complaint submission form which can also be
completed electronically, without excluding other means of communication.

3. The performance of the tasks of
each supervisory authority shall be free of charge for the data subject and,
where applicable, for the data protection officer.

4. Where requests are manifestly
unfounded or excessive, in particular because of their repetitive character,
the supervisory authority may charge a reasonable fee based on administrative
costs, or refuse to act on the request. The supervisory authority shall bear
the burden of demonstrating the manifestly unfounded or excessive character of
the request.

Article 58

Powers

1. Each supervisory authority shall
have all of the following investigative powers:

(a)

to order the controller and the processor, and,
where applicable, the controller's or the processor's representative to
provide any information it requires for the performance of its tasks;

(b)

to carry out investigations in the form of data
protection audits;

(c)

to carry out a review on certifications issued
pursuant to Article 42(7);

(d)

to notify the controller or the processor of an
alleged infringement of this Regulation;

(e)

to obtain, from the controller and the processor,
access to all personal data and to all information necessary for the
performance of its tasks;

(f)

to obtain access to any premises of the controller
and the processor, including to any data processing equipment and means, in
accordance with Union or Member State procedural law.

2. Each supervisory authority shall
have all of the following corrective powers:

(a)

to issue warnings to a controller or processor that
intended processing operations are likely to infringe provisions of this
Regulation;

(b)

to issue reprimands to a controller or a processor
where processing operations have infringed provisions of this Regulation;

(c)

to order the controller or the processor to comply
with the data subject's requests to exercise his or her rights pursuant to
this Regulation;

(d)

to order the controller or processor to bring
processing operations into compliance with the provisions of this Regulation,
where appropriate, in a specified manner and within a specified period;

(e)

to order the controller to communicate a personal
data breach to the data subject;

(f)

to impose a temporary or definitive limitation
including a ban on processing;

(g)

to order the rectification or erasure of personal
data or restriction of processing pursuant to Articles 16, 17 and 18 and
the notification of such actions to recipients to whom the personal data have
been disclosed pursuant to Article 17(2) and Article 19;

(h)

to withdraw a certification or to order the certification
body to withdraw a certification issued pursuant to Articles 42 and 43,
or to order the certification body not to issue certification if the
requirements for the certification are not or are no longer met;

(i)

to impose an administrative fine pursuant to Article
83, in addition to, or instead of measures referred to in this paragraph,
depending on the circumstances of each individual case;

(j)

to order the suspension of data flows to a recipient
in a third country or to an international organisation.

3. Each supervisory authority shall
have all of the following authorisation and advisory powers:

(a)

to advise the controller in accordance with the
prior consultation procedure referred to in Article 36;

(b)

to issue, on its own initiative or on request,
opinions to the national parliament, the Member State government or, in
accordance with Member State law, to other institutions and bodies as well as
to the public on any issue related to the protection of personal data;

(c)

to authorise processing referred to in Article
36(5), if the law of the Member State requires such prior authorisation;

(d)

to issue an opinion and approve draft codes of
conduct pursuant to Article 40(5);

(e)

to accredit certification bodies pursuant to Article
43;

(f)

to issue certifications and approve criteria of
certification in accordance with Article 42(5);

(g)

to adopt standard data protection clauses referred
to in Article 28(8) and in point (d) of Article 46(2);

(h)

to authorise contractual clauses referred to in
point (a) of Article 46(3);

(i)

to authorise administrative arrangements referred to
in point (b) of Article 46(3);

(j)

to approve binding corporate rules pursuant to
Article 47.

4. The exercise of the powers
conferred on the supervisory authority pursuant to this Article shall be
subject to appropriate safeguards, including effective judicial remedy and due
process, set out in Union and Member State law in accordance with the
Charter.

5. Each Member State shall
provide by law that its supervisory authority shall have the power to bring
infringements of this Regulation to the attention of the judicial authorities
and where appropriate, to commence or engage otherwise in legal proceedings, in
order to enforce the provisions of this Regulation.

6. Each Member State may provide by
law that its supervisory authority shall have additional powers to those
referred to in paragraphs 1, 2 and 3. The exercise of those powers shall
not impair the effective operation of Chapter VII.

Article 59

Activity reports

Each supervisory authority shall draw up an annual
report on its activities, which may include a list of types of infringement
notified and types of measures taken in accordance with Article 58(2).
Those reports shall be transmitted to the national parliament, the government
and other authorities as designated by Member State law. They shall be
made available to the public, to the Commission and to the Board.

CHAPTER
VII

Cooperation
and consistency

Section
1

Cooperation

Article 60

Cooperation between the lead supervisory authority and
the other supervisory authorities concerned

1. The lead supervisory authority
shall cooperate with the other supervisory authorities concerned in accordance
with this Article in an endeavour to reach consensus. The lead supervisory
authority and the supervisory authorities concerned shall exchange all relevant
information with each other.

2. The lead supervisory authority may
request at any time other supervisory authorities concerned to provide mutual
assistance pursuant to Article 61 and may conduct joint operations pursuant to
Article 62, in particular for carrying out investigations or for monitoring the
implementation of a measure concerning a controller or processor established in
another Member State.

3. The lead supervisory authority
shall, without delay, communicate the relevant information on the matter to the
other supervisory authorities concerned. It shall without delay submit a draft
decision to the other supervisory authorities concerned for their opinion and
take due account of their views.

4. Where any of the other supervisory
authorities concerned within a period of four weeks after having been consulted
in accordance with paragraph 3 of this Article, expresses a relevant and reasoned
objection to the draft decision, the lead supervisory authority shall, if it
does not follow the relevant and reasoned objection or is of the opinion that
the objection is not relevant or reasoned, submit the matter to the consistency
mechanism referred to in Article 63.

5. Where the lead supervisory
authority intends to follow the relevant and reasoned objection made, it shall
submit to the other supervisory authorities concerned a revised draft decision
for their opinion. That revised draft decision shall be subject to the
procedure referred to in paragraph 4 within a period of two weeks.

6. Where none of the other
supervisory authorities concerned has objected to the draft decision submitted
by the lead supervisory authority within the period referred to in
paragraphs 4 and 5, the lead supervisory authority and the supervisory
authorities concerned shall be deemed to be in agreement with that draft
decision and shall be bound by it.

7. The lead supervisory authority
shall adopt and notify the decision to the main establishment or single
establishment of the controller or processor, as the case may be and inform the
other supervisory authorities concerned and the Board of the decision in
question, including a summary of the relevant facts and grounds. The
supervisory authority with which a complaint has been lodged shall inform the
complainant on the decision.

8. By derogation from paragraph 7,
where a complaint is dismissed or rejected, the supervisory authority with
which the complaint was lodged shall adopt the decision and notify it to the
complainant and shall inform the controller thereof.

9. Where the lead supervisory
authority and the supervisory authorities concerned agree to dismiss or reject
parts of a complaint and to act on other parts of that complaint, a separate
decision shall be adopted for each of those parts of the matter. The lead
supervisory authority shall adopt the decision for the part concerning actions
in relation to the controller, shall notify it to the main establishment or
single establishment of the controller or processor on the territory of its
Member State and shall inform the complainant thereof, while the supervisory
authority of the complainant shall adopt the decision for the part concerning
dismissal or rejection of that complaint, and shall notify it to that
complainant and shall inform the controller or processor thereof.

10. After being notified of the
decision of the lead supervisory authority pursuant to paragraphs 7 and 9, the
controller or processor shall take the necessary measures to ensure compliance
with the decision as regards processing activities in the context of all its
establishments in the Union. The controller or processor shall notify the
measures taken for complying with the decision to the lead supervisory
authority, which shall inform the other supervisory authorities concerned.

11. Where, in exceptional
circumstances, a supervisory authority concerned has reasons to consider that
there is an urgent need to act in order to protect the interests of data
subjects, the urgency procedure referred to in Article 66 shall apply.

12. The lead supervisory authority
and the other supervisory authorities concerned shall supply the information
required under this Article to each other by electronic means, using a
standardised format.

Article 61

Mutual assistance

1. Supervisory authorities shall
provide each other with relevant information and mutual assistance in order to
implement and apply this Regulation in a consistent manner, and shall put in
place measures for effective cooperation with one another. Mutual assistance
shall cover, in particular, information requests and supervisory measures, such
as requests to carry out prior authorisations and consultations, inspections
and investigations.

2. Each supervisory authority shall
take all appropriate measures required to reply to a request of another
supervisory authority without undue delay and no later than one month after
receiving the request. Such measures may include, in particular, the
transmission of relevant information on the conduct of an investigation.

3. Requests for assistance shall
contain all the necessary information, including the purpose of and reasons for
the request. Information exchanged shall be used only for the purpose for which
it was requested.

4. The requested supervisory
authority shall not refuse to comply with the request unless:

(a)

it is not competent for the subject-matter of the
request or for the measures it is requested to execute; or

(b)

compliance with the request would infringe this
Regulation or Union or Member State law to which the supervisory
authority receiving the request is subject.

5. The requested supervisory
authority shall inform the requesting supervisory authority of the results or,
as the case may be, of the progress of the measures taken in order to respond
to the request. The requested supervisory authority shall provide reasons for
any refusal to comply with a request pursuant to paragraph 4.

6. Requested supervisory authorities
shall, as a rule, supply the information requested by other supervisory
authorities by electronic means, using a standardised format.

7. Requested supervisory authorities
shall not charge a fee for any action taken by them pursuant to a request for
mutual assistance. Supervisory authorities may agree on rules to indemnify each
other for specific expenditure arising from the provision of mutual assistance
in exceptional circumstances.

8. Where a supervisory authority does
not provide the information referred to in paragraph 5 of this Article
within one month of receiving the request of another supervisory authority, the
requesting supervisory authority may adopt a provisional measure on the
territory of its Member State in accordance with Article 55(1). In that
case, the urgent need to act under Article 66(1) shall be presumed to be
met and require an urgent binding decision from the Board pursuant to
Article 66(2).

9. The Commission may, by means of
implementing acts, specify the format and procedures for mutual assistance
referred to in this Article and the arrangements for the exchange of
information by electronic means between supervisory authorities, and between
supervisory authorities and the Board, in particular the standardised format
referred to in paragraph 6 of this Article. Those implementing acts shall
be adopted in accordance with the examination procedure referred to in
Article 93(2).

Article 62

Joint operations of supervisory authorities

1. The supervisory authorities shall,
where appropriate, conduct joint operations including joint investigations and
joint enforcement measures in which members or staff of the supervisory
authorities of other Member States are involved.

2. Where the controller or processor
has establishments in several Member States or where a significant number
of data subjects in more than one Member State are likely to be substantially
affected by processing operations, a supervisory authority of each of those
Member States shall have the right to participate in joint operations. The
supervisory authority which is competent pursuant to Article 56(1) or (4)
shall invite the supervisory authority of each of those Member States to take
part in the joint operations and shall respond without delay to the request of
a supervisory authority to participate.

3. A supervisory authority may, in
accordance with Member State law, and with the seconding supervisory
authority's authorisation, confer powers, including investigative powers on the
seconding supervisory authority's members or staff involved in joint operations
or, in so far as the law of the Member State of the host supervisory
authority permits, allow the seconding supervisory authority's members or staff
to exercise their investigative powers in accordance with the law of the
Member State of the seconding supervisory authority. Such investigative
powers may be exercised only under the guidance and in the presence of members
or staff of the host supervisory authority. The seconding supervisory
authority's members or staff shall be subject to the Member State law of
the host supervisory authority.

4. Where, in accordance with
paragraph 1, staff of a seconding supervisory authority operate in another
Member State, the Member State of the host supervisory authority shall
assume responsibility for their actions, including liability, for any damage
caused by them during their operations, in accordance with the law of the
Member State in whose territory they are operating.

5. The Member State in whose
territory the damage was caused shall make good such damage under the
conditions applicable to damage caused by its own staff. The Member State
of the seconding supervisory authority whose staff has caused damage to any
person in the territory of another Member State shall reimburse that other
Member State in full any sums it has paid to the persons entitled on their
behalf.

6. Without prejudice to the exercise
of its rights vis-à-vis third parties and with the exception of
paragraph 5, each Member State shall refrain, in the case provided
for in paragraph 1, from requesting reimbursement from another
Member State in relation to damage referred to in paragraph 4.

7. Where a joint operation is
intended and a supervisory authority does not, within one month, comply with
the obligation laid down in the second sentence of paragraph 2 of this
Article, the other supervisory authorities may adopt a provisional measure on
the territory of its Member State in accordance with Article 55. In that case,
the urgent need to act under Article 66(1) shall be presumed to be met and
require an opinion or an urgent binding decision from the Board pursuant to
Article 66(2).

Section
2

Consistency

Article 63

Consistency mechanism

In order to contribute to the consistent application
of this Regulation throughout the Union, the supervisory authorities shall
cooperate with each other and, where relevant, with the Commission, through the
consistency mechanism as set out in this Section.

Article 64

Opinion of the Board

1. The Board shall issue an opinion
where a competent supervisory authority intends to adopt any of the measures
below. To that end, the competent supervisory authority shall communicate the
draft decision to the Board, when it:

(a)

aims to adopt a list of the processing operations
subject to the requirement for a data protection impact assessment pursuant
to Article 35(4);

(b)

concerns a matter pursuant to Article 40(7)
whether a draft code of conduct or an amendment or extension to a code of
conduct complies with this Regulation;

(c)

aims to approve the criteria for accreditation of a
body pursuant to Article 41(3) or a certification body pursuant to
Article 43(3);

(d)

aims to determine standard data protection clauses
referred to in point (d) of Article 46(2) and in Article 28(8);

(e)

aims to authorise contractual clauses referred to in
point (a) of Article 46(3); or

(f)

aims to approve binding corporate rules within the
meaning of Article 47.

2. Any supervisory authority, the
Chair of the Board or the Commission may request that any matter of general
application or producing effects in more than one Member State be examined
by the Board with a view to obtaining an opinion, in particular where a
competent supervisory authority does not comply with the obligations for mutual
assistance in accordance with Article 61 or for joint operations in
accordance with Article 62.

3. In the cases referred to in
paragraphs 1 and 2, the Board shall issue an opinion on the matter submitted to
it provided that it has not already issued an opinion on the same matter. That
opinion shall be adopted within eight weeks by simple majority of the members
of the Board. That period may be extended by a further six weeks, taking into
account the complexity of the subject matter. Regarding the draft decision
referred to in paragraph 1 circulated to the members of the Board in
accordance with paragraph 5, a member which has not objected within a
reasonable period indicated by the Chair, shall be deemed to be in agreement
with the draft decision.

4. Supervisory authorities and the
Commission shall, without undue delay, communicate by electronic means to the
Board, using a standardised format any relevant information, including as the
case may be a summary of the facts, the draft decision, the grounds which make
the enactment of such measure necessary, and the views of other supervisory
authorities concerned.

5. The Chair of the Board shall,
without undue, delay inform by electronic means:

(a)

the members of the Board and the Commission of any
relevant information which has been communicated to it using a standardised
format. The secretariat of the Board shall, where necessary, provide
translations of relevant information; and

(b)

the supervisory authority referred to, as the case
may be, in paragraphs 1 and 2, and the Commission of the opinion and
make it public.

6. The competent supervisory
authority shall not adopt its draft decision referred to in paragraph 1 within
the period referred to in paragraph 3.

7. The supervisory authority referred
to in paragraph 1 shall take utmost account of the opinion of the Board and
shall, within two weeks after receiving the opinion, communicate to the Chair
of the Board by electronic means whether it will maintain or amend its draft
decision and, if any, the amended draft decision, using a standardised format.

8. Where the supervisory authority
concerned informs the Chair of the Board within the period referred to in
paragraph 7 of this Article that it does not intend to follow the opinion of
the Board, in whole or in part, providing the relevant grounds,
Article 65(1) shall apply.

Article 65

Dispute resolution by the Board

1. In order to ensure the correct and
consistent application of this Regulation in individual cases, the Board shall
adopt a binding decision in the following cases:

(a)

where, in a case referred to in Article 60(4), a
supervisory authority concerned has raised a relevant and reasoned objection
to a draft decision of the lead authority or the lead authority has rejected
such an objection as being not relevant or reasoned. The binding decision
shall concern all the matters which are the subject of the relevant and
reasoned objection, in particular whether there is an infringement of this
Regulation;

(b)

where there are conflicting views on which of the
supervisory authorities concerned is competent for the main establishment;

(c)

where a competent supervisory authority does not
request the opinion of the Board in the cases referred to in
Article 64(1), or does not follow the opinion of the Board issued under
Article 64. In that case, any supervisory authority concerned or the
Commission may communicate the matter to the Board.

2. The decision referred to in
paragraph 1 shall be adopted within one month from the referral of the
subject-matter by a two-thirds majority of the members of the Board. That
period may be extended by a further month on account of the complexity of the
subject-matter. The decision referred to in paragraph 1 shall be reasoned and
addressed to the lead supervisory authority and all the supervisory authorities
concerned and binding on them.

3. Where the Board has been unable to
adopt a decision within the periods referred to in paragraph 2, it shall
adopt its decision within two weeks following the expiration of the second
month referred to in paragraph 2 by a simple majority of the members of the
Board. Where the members of the Board are split, the decision shall by adopted
by the vote of its Chair.

4. The supervisory authorities
concerned shall not adopt a decision on the subject matter submitted to the
Board under paragraph 1 during the periods referred to in paragraphs 2
and 3.

5. The Chair of the Board shall
notify, without undue delay, the decision referred to in paragraph 1 to the supervisory
authorities concerned. It shall inform the Commission thereof. The decision
shall be published on the website of the Board without delay after the
supervisory authority has notified the final decision referred to in
paragraph 6.

6. The lead supervisory authority or,
as the case may be, the supervisory authority with which the complaint has been
lodged shall adopt its final decision on the basis of the decision referred to
in paragraph 1 of this Article, without undue delay and at the latest by one
month after the Board has notified its decision. The lead supervisory authority
or, as the case may be, the supervisory authority with which the complaint has
been lodged, shall inform the Board of the date when its final decision is
notified respectively to the controller or the processor and to the data
subject. The final decision of the supervisory authorities concerned shall be
adopted under the terms of Article 60(7), (8) and (9). The final
decision shall refer to the decision referred to in paragraph 1 of this
Article and shall specify that the decision referred to in that paragraph will
be published on the website of the Board in accordance with paragraph 5 of this
Article. The final decision shall attach the decision referred to in paragraph 1
of this Article.

Article 66

Urgency procedure

1. In exceptional circumstances,
where a supervisory authority concerned considers that there is an urgent need
to act in order to protect the rights and freedoms of data subjects, it may, by
way of derogation from the consistency mechanism referred to in
Articles 63, 64 and 65 or the procedure referred to in Article 60,
immediately adopt provisional measures intended to produce legal effects on its
own territory with a specified period of validity which shall not exceed three
months. The supervisory authority shall, without delay, communicate those
measures and the reasons for adopting them to the other supervisory authorities
concerned, to the Board and to the Commission.

2. Where a supervisory authority has
taken a measure pursuant to paragraph 1 and considers that final measures
need urgently be adopted, it may request an urgent opinion or an urgent binding
decision from the Board, giving reasons for requesting such opinion or
decision.

3. Any supervisory authority may
request an urgent opinion or an urgent binding decision, as the case may be,
from the Board where a competent supervisory authority has not taken an
appropriate measure in a situation where there is an urgent need to act, in
order to protect the rights and freedoms of data subjects, giving reasons for
requesting such opinion or decision, including for the urgent need to act.

4. By derogation from
Article 64(3) and Article 65(2), an urgent opinion or an urgent binding
decision referred to in paragraphs 2 and 3 of this Article shall be
adopted within two weeks by simple majority of the members of the Board.

Article 67

Exchange of information

The Commission may adopt implementing acts of general
scope in order to specify the arrangements for the exchange of information by
electronic means between supervisory authorities, and between supervisory
authorities and the Board, in particular the standardised format referred to in
Article 64.

Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 93(2).

Section
3

European
data protection board

Article 68

European Data Protection Board

1. The European Data Protection Board
(the ‘Board’) is hereby established as a body of the Union and shall have legal
personality.

2. The Board shall be represented by
its Chair.

3. The Board shall be composed of the
head of one supervisory authority of each Member State and of the European
Data Protection Supervisor, or their respective representatives.

4. Where in a Member State more than
one supervisory authority is responsible for monitoring the application of the
provisions pursuant to this Regulation, a joint representative shall be
appointed in accordance with that Member State's law.

5. The Commission shall have the
right to participate in the activities and meetings of the Board without voting
right. The Commission shall designate a representative. The Chair of the Board
shall communicate to the Commission the activities of the Board.

6. In the cases referred to in
Article 65, the European Data Protection Supervisor shall have voting rights
only on decisions which concern principles and rules applicable to the Union
institutions, bodies, offices and agencies which correspond in substance to
those of this Regulation.

Article 69

Independence

1. The Board shall act independently
when performing its tasks or exercising its powers pursuant to Articles 70
and 71.

2. Without prejudice to requests by
the Commission referred to in point (b) of Article 70(1) and in Article 70(2),
the Board shall, in the performance of its tasks or the exercise of its powers,
neither seek nor take instructions from anybody.

Article 70

Tasks of the Board

1. The Board shall ensure the
consistent application of this Regulation. To that end, the Board shall, on its
own initiative or, where relevant, at the request of the Commission, in
particular:

(a)

monitor and ensure the correct application of this
Regulation in the cases provided for in Articles 64 and 65 without prejudice
to the tasks of national supervisory authorities;

(b)

advise the Commission on any issue related to the
protection of personal data in the Union, including on any proposed amendment
of this Regulation;

(c)

advise the Commission on the format and procedures
for the exchange of information between controllers, processors and
supervisory authorities for binding corporate rules;

(d)

issue guidelines, recommendations, and best
practices on procedures for erasing links, copies or replications of personal
data from publicly available communication services as referred to in Article
17(2);

(e)

examine, on its own initiative, on request of one of
its members or on request of the Commission, any question covering the
application of this Regulation and issue guidelines, recommendations and best
practices in order to encourage consistent application of this Regulation;

(f)

issue guidelines, recommendations and best practices
in accordance with point (e) of this paragraph for further specifying
the criteria and conditions for decisions based on profiling pursuant to
Article 22(2);

(g)

issue guidelines, recommendations and best practices
in accordance with point (e) of this paragraph for establishing the
personal data breaches and determining the undue delay referred to in Article
33(1) and (2) and for the particular circumstances in which a controller or a
processor is required to notify the personal data breach;

(h)

issue guidelines, recommendations and best practices
in accordance with point (e) of this paragraph as to the circumstances
in which a personal data breach is likely to result in a high risk to the
rights and freedoms of the natural persons referred to in Article 34(1).

(i)

issue guidelines, recommendations and best practices
in accordance with point (e) of this paragraph for the purpose of
further specifying the criteria and requirements for personal data transfers
based on binding corporate rules adhered to by controllers and binding
corporate rules adhered to by processors and on further necessary
requirements to ensure the protection of personal data of the data subjects
concerned referred to in Article 47;

(j)

issue guidelines, recommendations and best practices
in accordance with point (e) of this paragraph for the purpose of
further specifying the criteria and requirements for the personal data
transfers on the basis of Article 49(1);

(k)

draw up guidelines for supervisory authorities
concerning the application of measures referred to in Article 58(1), (2) and
(3) and the setting of administrative fines pursuant to Article 83;

(l)

review the practical application of the guidelines,
recommendations and best practices referred to in points (e) and (f);

(m)

issue guidelines, recommendations and best practices
in accordance with point (e) of this paragraph for establishing common
procedures for reporting by natural persons of infringements of this
Regulation pursuant to Article 54(2);

(n)

encourage the drawing-up of codes of conduct and the
establishment of data protection certification mechanisms and data protection
seals and marks pursuant to Articles 40 and 42;

(o)

carry out the accreditation of certification bodies
and its periodic review pursuant to Article 43 and maintain a public register
of accredited bodies pursuant to Article 43(6) and of the accredited
controllers or processors established in third countries pursuant to Article
42(7);

(p)

specify the requirements referred to in Article
43(3) with a view to the accreditation of certification bodies under Article
42;

(q)

provide the Commission with an opinion on the
certification requirements referred to in Article 43(8);

(r)

provide the Commission with an opinion on the icons
referred to in Article 12(7);

(s)

provide the Commission with an opinion for the
assessment of the adequacy of the level of protection in a third country or
international organisation, including for the assessment whether a third
country, a territory or one or more specified sectors within that third
country, or an international organisation no longer ensures an adequate level
of protection. To that end, the Commission shall provide the Board with all
necessary documentation, including correspondence with the government of the
third country, with regard to that third country, territory or specified
sector, or with the international organisation.

(t)

issue opinions on draft decisions of supervisory
authorities pursuant to the consistency mechanism referred to in Article
64(1), on matters submitted pursuant to Article 64(2) and to issue binding
decisions pursuant to Article 65, including in cases referred to in Article
66;

(u)

promote the cooperation and the effective bilateral
and multilateral exchange of information and best practices between the
supervisory authorities;

(v)

promote common training programmes and facilitate
personnel exchanges between the supervisory authorities and, where
appropriate, with the supervisory authorities of third countries or with
international organisations;

(w)

promote the exchange of knowledge and documentation
on data protection legislation and practice with data protection supervisory
authorities worldwide.

(x)

issue opinions on codes of conduct drawn up at Union
level pursuant to Article 40(9); and

(y)

maintain a publicly accessible electronic register
of decisions taken by supervisory authorities and courts on issues handled in
the consistency mechanism.

2. Where the Commission requests
advice from the Board, it may indicate a time limit, taking into account the
urgency of the matter.

3. The Board shall forward its
opinions, guidelines, recommendations, and best practices to the Commission and
to the committee referred to in Article 93 and make them public.

4. The Board shall, where
appropriate, consult interested parties and give them the opportunity to
comment within a reasonable period. The Board shall, without prejudice to
Article 76, make the results of the consultation procedure publicly available.

Article 71

Reports

1. The Board shall draw up an annual
report regarding the protection of natural persons with regard to processing in
the Union and, where relevant, in third countries and international
organisations. The report shall be made public and be transmitted to the
European Parliament, to the Council and to the Commission.

2. The annual report shall include a
review of the practical application of the guidelines, recommendations and best
practices referred to in point (l) of Article 70(1) as well as of the binding
decisions referred to in Article 65.

Article 72

Procedure

1. The Board shall take decisions by
a simple majority of its members, unless otherwise provided for in this
Regulation.

2. The Board shall adopt its own
rules of procedure by a two-thirds majority of its members and organise its own
operational arrangements.

Article 73

Chair

1. The Board shall elect a chair and
two deputy chairs from amongst its members by simple majority.

2. The term of office of the Chair
and of the deputy chairs shall be five years and be renewable once.

Article 74

Tasks of the Chair

1. The Chair shall have the following
tasks:

(a)

to convene the meetings of the Board and prepare its
agenda;

(b)

to notify decisions adopted by the Board pursuant to
Article 65 to the lead supervisory authority and the supervisory authorities
concerned;

(c)

to ensure the timely performance of the tasks of the
Board, in particular in relation to the consistency mechanism referred to in
Article 63.

2. The Board shall lay down the
allocation of tasks between the Chair and the deputy chairs in its rules of
procedure.

Article 75

Secretariat

1. The Board shall have a
secretariat, which shall be provided by the European Data Protection
Supervisor.

2. The secretariat shall perform its
tasks exclusively under the instructions of the Chair of the Board.

3. The staff of the European Data
Protection Supervisor involved in carrying out the tasks conferred on the Board
by this Regulation shall be subject to separate reporting lines from the staff
involved in carrying out tasks conferred on the European Data Protection
Supervisor.

4. Where appropriate, the Board and
the European Data Protection Supervisor shall establish and publish a
Memorandum of Understanding implementing this Article, determining the terms of
their cooperation, and applicable to the staff of the European Data Protection
Supervisor involved in carrying out the tasks conferred on the Board by this
Regulation.

5. The secretariat shall provide
analytical, administrative and logistical support to the Board.

6. The secretariat shall be
responsible in particular for:

(a)

the day-to-day business of the Board;

(b)

communication between the members of the Board, its
Chair and the Commission;

(c)

communication with other institutions and the
public;

(d)

the use of electronic means for the internal and
external communication;

(e)

the translation of relevant information;

(f)

the preparation and follow-up of the meetings of the
Board;

(g)

the preparation, drafting and publication of
opinions, decisions on the settlement of disputes between supervisory
authorities and other texts adopted by the Board.

Article 76

Confidentiality

1. The discussions of the Board shall
be confidential where the Board deems it necessary, as provided for in its rules
of procedure.

2. Access to documents submitted to
members of the Board, experts and representatives of third parties shall be
governed by Regulation (EC) No 1049/2001 of the European Parliament and of
the Council (21).

CHAPTER
VIII

Remedies,
liability and penalties

Article 77

Right to lodge a complaint with a supervisory
authority

1. Without prejudice to any other
administrative or judicial remedy, every data subject shall have the right to
lodge a complaint with a supervisory authority, in particular in the Member
State of his or her habitual residence, place of work or place of the alleged
infringement if the data subject considers that the processing of personal data
relating to him or her infringes this Regulation.

2. The supervisory authority with
which the complaint has been lodged shall inform the complainant on the
progress and the outcome of the complaint including the possibility of a
judicial remedy pursuant to Article 78.

Article 78

Right to an effective judicial remedy against a
supervisory authority

1. Without prejudice to any other
administrative or non-judicial remedy, each natural or legal person shall have
the right to an effective judicial remedy against a legally binding decision of
a supervisory authority concerning them.

2. Without prejudice to any other
administrative or non-judicial remedy, each data subject shall have the right
to a an effective judicial remedy where the supervisory authority which is
competent pursuant to Articles 55 and 56 does not handle a complaint or
does not inform the data subject within three months on the progress or outcome
of the complaint lodged pursuant to Article 77.

3. Proceedings against a supervisory
authority shall be brought before the courts of the Member State where the
supervisory authority is established.

4. Where proceedings are brought
against a decision of a supervisory authority which was preceded by an opinion
or a decision of the Board in the consistency mechanism, the supervisory
authority shall forward that opinion or decision to the court.

Article 79

Right to an effective judicial remedy against a
controller or processor

1. Without prejudice to any available
administrative or non-judicial remedy, including the right to lodge a complaint
with a supervisory authority pursuant to Article 77, each data subject
shall have the right to an effective judicial remedy where he or she considers
that his or her rights under this Regulation have been infringed as a result of
the processing of his or her personal data in non-compliance with this
Regulation.

2. Proceedings against a controller
or a processor shall be brought before the courts of the Member State
where the controller or processor has an establishment. Alternatively, such
proceedings may be brought before the courts of the Member State where the
data subject has his or her habitual residence, unless the controller or
processor is a public authority of a Member State acting in the exercise
of its public powers.

Article 80

Representation of data subjects

1. The data subject shall have the
right to mandate a not-for-profit body, organisation or association which has
been properly constituted in accordance with the law of a Member State,
has statutory objectives which are in the public interest, and is active in the
field of the protection of data subjects' rights and freedoms with regard to
the protection of their personal data to lodge the complaint on his or her
behalf, to exercise the rights referred to in Articles 77, 78 and 79 on
his or her behalf, and to exercise the right to receive compensation referred
to in Article 82 on his or her behalf where provided for by
Member State law.

2. Member States may provide that any
body, organisation or association referred to in paragraph 1 of this
Article, independently of a data subject's mandate, has the right to lodge, in
that Member State, a complaint with the supervisory authority which is competent
pursuant to Article 77 and to exercise the rights referred to in
Articles 78 and 79 if it considers that the rights of a data subject
under this Regulation have been infringed as a result of the processing.

Article 81

Suspension of proceedings

1. Where a competent court of a
Member State has information on proceedings, concerning the same subject matter
as regards processing by the same controller or processor, that are pending in
a court in another Member State, it shall contact that court in the other
Member State to confirm the existence of such proceedings.

2. Where proceedings concerning the
same subject matter as regards processing of the same controller or processor
are pending in a court in another Member State, any competent court other
than the court first seized may suspend its proceedings.

3. Where those proceedings are
pending at first instance, any court other than the court first seized may
also, on the application of one of the parties, decline jurisdiction if the
court first seized has jurisdiction over the actions in question and its law
permits the consolidation thereof.

Article 82

Right to compensation and liability

1. Any person who has suffered
material or non-material damage as a result of an infringement of this
Regulation shall have the right to receive compensation from the controller or
processor for the damage suffered.

2. Any controller involved in
processing shall be liable for the damage caused by processing which infringes
this Regulation. A processor shall be liable for the damage caused by
processing only where it has not complied with obligations of this Regulation
specifically directed to processors or where it has acted outside or contrary
to lawful instructions of the controller.

3. A controller or processor shall be
exempt from liability under paragraph 2 if it proves that it is not in any
way responsible for the event giving rise to the damage.

4. Where more than one controller or
processor, or both a controller and a processor, are involved in the same processing
and where they are, under paragraphs 2 and 3, responsible for any damage
caused by processing, each controller or processor shall be held liable for the
entire damage in order to ensure effective compensation of the data subject.

5. Where a controller or processor
has, in accordance with paragraph 4, paid full compensation for the damage
suffered, that controller or processor shall be entitled to claim back from the
other controllers or processors involved in the same processing that part of
the compensation corresponding to their part of responsibility for the damage,
in accordance with the conditions set out in paragraph 2.

6. Court proceedings for exercising
the right to receive compensation shall be brought before the courts competent
under the law of the Member State referred to in Article 79(2).

Article 83

General conditions for imposing administrative fines

1. Each supervisory authority shall
ensure that the imposition of administrative fines pursuant to this Article in
respect of infringements of this Regulation referred to in paragraphs 4, 5
and 6 shall in each individual case be effective, proportionate and dissuasive.

2. Administrative fines shall,
depending on the circumstances of each individual case, be imposed in addition
to, or instead of, measures referred to in points (a) to (h) and (j) of
Article 58(2). When deciding whether to impose an administrative fine and
deciding on the amount of the administrative fine in each individual case due
regard shall be given to the following:

(a)

the nature, gravity and duration of the infringement
taking into account the nature scope or purpose of the processing concerned
as well as the number of data subjects affected and the level of damage
suffered by them;

(b)

the intentional or negligent character of the
infringement;

(c)

any action taken by the controller or processor to
mitigate the damage suffered by data subjects;

(d)

the degree of responsibility of the controller or
processor taking into account technical and organisational measures
implemented by them pursuant to Articles 25 and 32;

(e)

any relevant previous infringements by the
controller or processor;

(f)

the degree of cooperation with the supervisory
authority, in order to remedy the infringement and mitigate the possible
adverse effects of the infringement;

(g)

the categories of personal data affected by the
infringement;

(h)

the manner in which the infringement became known to
the supervisory authority, in particular whether, and if so to what extent,
the controller or processor notified the infringement;

(i)

where measures referred to in Article 58(2) have
previously been ordered against the controller or processor concerned with
regard to the same subject-matter, compliance with those measures;

(j)

adherence to approved codes of conduct pursuant to
Article 40 or approved certification mechanisms pursuant to Article 42; and

(k)

any other aggravating or mitigating factor
applicable to the circumstances of the case, such as financial benefits
gained, or losses avoided, directly or indirectly, from the infringement.

3. If a controller or processor
intentionally or negligently, for the same or linked processing operations,
infringes several provisions of this Regulation, the total amount of the
administrative fine shall not exceed the amount specified for the gravest
infringement.

4. Infringements of the following
provisions shall, in accordance with paragraph 2, be subject to administrative
fines up to 10 000 000 EUR, or in the case of an undertaking, up
to 2 % of the total worldwide annual turnover of the preceding financial year,
whichever is higher:

(a)

the obligations of the controller and the processor
pursuant to Articles 8, 11, 25 to 39 and 42 and 43;

(b)

the obligations of the certification body pursuant
to Articles 42 and 43;

(c)

the obligations of the monitoring body pursuant to
Article 41(4).

5. Infringements of the following
provisions shall, in accordance with paragraph 2, be subject to
administrative fines up to 20 000 000 EUR, or in the case of an
undertaking, up to 4 % of the total worldwide annual turnover of the preceding
financial year, whichever is higher:

(a)

the basic principles for processing, including
conditions for consent, pursuant to Articles 5, 6, 7 and 9;

(b)

the data subjects' rights pursuant to
Articles 12 to 22;

(c)

the transfers of personal data to a recipient in a
third country or an international organisation pursuant to Articles 44
to 49;

(d)

any obligations pursuant to Member State law adopted
under Chapter IX;

(e)

non-compliance with an order or a temporary or
definitive limitation on processing or the suspension of data flows by the
supervisory authority pursuant to Article 58(2) or failure to provide
access in violation of Article 58(1).

6. Non-compliance with an order by
the supervisory authority as referred to in Article 58(2) shall, in
accordance with paragraph 2 of this Article, be subject to administrative fines
up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of
the total worldwide annual turnover of the preceding financial year, whichever
is higher.

7. Without prejudice to the
corrective powers of supervisory authorities pursuant to Article 58(2),
each Member State may lay down the rules on whether and to what extent
administrative fines may be imposed on public authorities and bodies
established in that Member State.

8. The exercise by the supervisory
authority of its powers under this Article shall be subject to appropriate
procedural safeguards in accordance with Union and Member State law,
including effective judicial remedy and due process.

9. Where the legal system of the
Member State does not provide for administrative fines, this Article may
be applied in such a manner that the fine is initiated by the competent
supervisory authority and imposed by competent national courts, while ensuring
that those legal remedies are effective and have an equivalent effect to the
administrative fines imposed by supervisory authorities. In any event, the
fines imposed shall be effective, proportionate and dissuasive. Those Member
States shall notify to the Commission the provisions of their laws which they
adopt pursuant to this paragraph by 25 May 2018 and, without delay, any
subsequent amendment law or amendment affecting them.

Article 84

Penalties

1. Member States shall lay down the
rules on other penalties applicable to infringements of this Regulation in
particular for infringements which are not subject to administrative fines
pursuant to Article 83, and shall take all measures necessary to ensure that
they are implemented. Such penalties shall be effective, proportionate and
dissuasive.

2. Each Member State shall notify to
the Commission the provisions of its law which it adopts pursuant to
paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment
affecting them.

CHAPTER
IX

Provisions
relating to specific processing situations

Article 85

Processing and freedom of expression and information

1. Member States shall by law
reconcile the right to the protection of personal data pursuant to this
Regulation with the right to freedom of expression and information, including
processing for journalistic purposes and the purposes of academic, artistic or
literary expression.

2. For processing carried out for
journalistic purposes or the purpose of academic artistic or literary
expression, Member States shall provide for exemptions or derogations from
Chapter II (principles), Chapter III (rights of the data subject),
Chapter IV (controller and processor), Chapter V (transfer of personal
data to third countries or international organisations), Chapter VI
(independent supervisory authorities), Chapter VII (cooperation and
consistency) and Chapter IX (specific data processing situations) if they
are necessary to reconcile the right to the protection of personal data with
the freedom of expression and information.

3. Each Member State shall notify to
the Commission the provisions of its law which it has adopted pursuant to
paragraph 2 and, without delay, any subsequent amendment law or amendment
affecting them.

Article 86

Processing and public access to official documents

Personal data in official documents held by a public
authority or a public body or a private body for the performance of a task carried
out in the public interest may be disclosed by the authority or body in
accordance with Union or Member State law to which the public authority or body
is subject in order to reconcile public access to official documents with the
right to the protection of personal data pursuant to this Regulation.

Article 87

Processing of the national identification number

Member States may further determine the specific
conditions for the processing of a national identification number or any other
identifier of general application. In that case the national identification
number or any other identifier of general application shall be used only under
appropriate safeguards for the rights and freedoms of the data subject pursuant
to this Regulation.

Article 88

Processing in the context of employment

1. Member States may, by law or by
collective agreements, provide for more specific rules to ensure the protection
of the rights and freedoms in respect of the processing of employees' personal
data in the employment context, in particular for the purposes of the
recruitment, the performance of the contract of employment, including discharge
of obligations laid down by law or by collective agreements, management,
planning and organisation of work, equality and diversity in the workplace,
health and safety at work, protection of employer's or customer's property and
for the purposes of the exercise and enjoyment, on an individual or collective
basis, of rights and benefits related to employment, and for the purpose of the
termination of the employment relationship.

2. Those rules shall include suitable
and specific measures to safeguard the data subject's human dignity, legitimate
interests and fundamental rights, with particular regard to the transparency of
processing, the transfer of personal data within a group of undertakings, or a
group of enterprises engaged in a joint economic activity and monitoring
systems at the work place.

3. Each Member State shall notify to
the Commission those provisions of its law which it adopts pursuant to
paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment
affecting them.

Article 89

Safeguards and derogations relating to processing for
archiving purposes in the public interest, scientific or historical research
purposes or statistical purposes

1. Processing for archiving purposes
in the public interest, scientific or historical research purposes or
statistical purposes, shall be subject to appropriate safeguards, in accordance
with this Regulation, for the rights and freedoms of the data subject. Those
safeguards shall ensure that technical and organisational measures are in place
in particular in order to ensure respect for the principle of data
minimisation. Those measures may include pseudonymisation provided that those
purposes can be fulfilled in that manner. Where those purposes can be fulfilled
by further processing which does not permit or no longer permits the
identification of data subjects, those purposes shall be fulfilled in that
manner.

2. Where personal data are processed
for scientific or historical research purposes or statistical purposes, Union
or Member State law may provide for derogations from the rights referred to in
Articles 15, 16, 18 and 21 subject to the conditions and safeguards referred to
in paragraph 1 of this Article in so far as such rights are likely to render
impossible or seriously impair the achievement of the specific purposes, and
such derogations are necessary for the fulfilment of those purposes.

3. Where personal data are processed
for archiving purposes in the public interest, Union or Member State law may
provide for derogations from the rights referred to in Articles 15, 16,
18, 19, 20 and 21 subject to the conditions and safeguards referred to in
paragraph 1 of this Article in so far as such rights are likely to render
impossible or seriously impair the achievement of the specific purposes, and
such derogations are necessary for the fulfilment of those purposes.

4. Where processing referred to in
paragraphs 2 and 3 serves at the same time another purpose, the derogations
shall apply only to processing for the purposes referred to in those
paragraphs.

Article 90

Obligations of secrecy

1. Member States may adopt specific
rules to set out the powers of the supervisory authorities laid down in points
(e) and (f) of Article 58(1) in relation to controllers or processors that are
subject, under Union or Member State law or rules established by national
competent bodies, to an obligation of professional secrecy or other equivalent
obligations of secrecy where this is necessary and proportionate to reconcile
the right of the protection of personal data with the obligation of secrecy.
Those rules shall apply only with regard to personal data which the controller
or processor has received as a result of or has obtained in an activity covered
by that obligation of secrecy.

2. Each Member State shall notify to
the Commission the rules adopted pursuant to paragraph 1, by 25 May 2018 and,
without delay, any subsequent amendment affecting them.

Article 91

Existing data protection rules of churches and
religious associations

1. Where in a Member State, churches
and religious associations or communities apply, at the time of entry into
force of this Regulation, comprehensive rules relating to the protection of
natural persons with regard to processing, such rules may continue to apply,
provided that they are brought into line with this Regulation.

2. Churches and religious
associations which apply comprehensive rules in accordance with paragraph 1 of
this Article shall be subject to the supervision of an independent supervisory
authority, which may be specific, provided that it fulfils the conditions laid
down in Chapter VI of this Regulation.

CHAPTER
X

Delegated
acts and implementing acts

Article 92

Exercise of the delegation

1. The power to adopt delegated acts
is conferred on the Commission subject to the conditions laid down in this
Article.

2. The delegation of power referred
to in Article 12(8) and Article 43(8) shall be conferred on the Commission for
an indeterminate period of time from 24 May 2016.

3. The delegation of power referred
to in Article 12(8) and Article 43(8) may be revoked at any time by the
European Parliament or by the Council. A decision of revocation shall put an
end to the delegation of power specified in that decision. It shall take effect
the day following that of its publication in the Official Journal of the European Union or
at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4. As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

5. A delegated act adopted pursuant
to Article 12(8) and Article 43(8) shall enter into force only if no objection
has been expressed by either the European Parliament or the Council within a
period of three months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by three months at the initiative of the
European Parliament or of the Council.

Article 93

Committee procedure

1. The Commission shall be assisted
by a committee. That committee shall be a committee within the meaning of
Regulation (EU) No 182/2011.

2. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph,
Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5
thereof, shall apply.

CHAPTER
XI

Final
provisions

Article 94

Repeal of Directive 95/46/EC

1. Directive 95/46/EC is repealed
with effect from 25 May 2018.

2. References to the repealed
Directive shall be construed as references to this Regulation. References to
the Working Party on the Protection of Individuals with regard to the
Processing of Personal Data established by Article 29 of Directive 95/46/EC
shall be construed as references to the European Data Protection Board
established by this Regulation.

Article 95

Relationship with Directive 2002/58/EC

This Regulation shall not impose additional
obligations on natural or legal persons in relation to processing in connection
with the provision of publicly available electronic communications services in
public communication networks in the Union in relation to matters for which
they are subject to specific obligations with the same objective set out in
Directive 2002/58/EC.

Article 96

Relationship with previously concluded Agreements

International agreements involving the transfer of
personal data to third countries or international organisations which were
concluded by Member States prior to 24 May 2016, and which comply with Union
law as applicable prior to that date, shall remain in force until amended,
replaced or revoked.

Article 97

Commission reports

1. By 25 May 2020 and every four
years thereafter, the Commission shall submit a report on the evaluation and review
of this Regulation to the European Parliament and to the Council. The reports
shall be made public.

2. In the context of the evaluations
and reviews referred to in paragraph 1, the Commission shall examine, in
particular, the application and functioning of:

(a)

Chapter V on the transfer of personal data to third
countries or international organisations with particular regard to decisions
adopted pursuant to Article 45(3) of this Regulation and decisions
adopted on the basis of Article 25(6) of Directive 95/46/EC;

(b)

Chapter VII on cooperation and consistency.

3. For the purpose of paragraph 1,
the Commission may request information from Member States and supervisory
authorities.

4. In carrying out the evaluations
and reviews referred to in paragraphs 1 and 2, the Commission shall take into
account the positions and findings of the European Parliament, of the Council,
and of other relevant bodies or sources.

5. The Commission shall, if
necessary, submit appropriate proposals to amend this Regulation, in particular
taking into account of developments in information technology and in the light
of the state of progress in the information society.

Article 98

Review of other Union legal acts on data protection

The Commission shall, if appropriate, submit
legislative proposals with a view to amending other Union legal acts on the
protection of personal data, in order to ensure uniform and consistent
protection of natural persons with regard to processing. This shall in
particular concern the rules relating to the protection of natural persons with
regard to processing by Union institutions, bodies, offices and agencies and on
the free movement of such data.

Article 99

Entry into force and application

1. This Regulation shall enter into
force on the twentieth day following that of its publication in the Official
Journal of the European Union.

2. It shall apply from 25 May 2018.

This Regulation shall be binding in its entirety and
directly applicable in all Member States.

(3) Position
of the European Parliament of 12 March 2014 (not yet published in the
Official Journal) and position of the Council at first reading of 8 April 2016
(not yet published in the Official Journal). Position of the European
Parliament of 14 April 2016.

(4) Directive
95/46/EC of the European Parliament and of the Council of
24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(6) Regulation
(EC) No 45/2001 of the European Parliament and of the Council of
18 December 2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies and on the
free movement of such data (OJ L 8, 12.1.2001, p. 1).

(7) Directive
(EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing of personal
data by competent authorities for the purposes of prevention, investigation,
detection or prosecution of criminal offences or the execution of criminal
penalties, and the free movement of such data and repealing Council Framework
Decision 2008/977/JHA (see page 89 of this Official Journal).

(8) Directive
2000/31/EC of the European Parliament and of the Council of
8 June 2000 on certain legal aspects of information society services,
in particular electronic commerce, in the Internal Market (‘Directive on
electronic commerce’) (OJ L 178, 17.7.2000, p. 1).

(9) Directive
2011/24/EU of the European Parliament and of the Council of
9 March 2011 on the application of patients' rights in cross-border
healthcare (OJ L 88, 4.4.2011, p. 45).

(11) Regulation
(EC) No 1338/2008 of the European Parliament and of the Council of
16 December 2008 on Community statistics on public health and health
and safety at work (OJ L 354, 31.12.2008, p. 70).

(12) Regulation
(EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles
concerning mechanisms for control by Member States of the Commission's exercise
of implementing powers (OJ L 55, 28.2.2011, p. 13).

(13) Regulation
(EU) No 1215/2012 of the European Parliament and of the Council of
12 December 2012 on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

(14) Directive
2003/98/EC of the European Parliament and of the Council of
17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).

(15) Regulation
(EU) No 536/2014 of the European Parliament and of the Council of
16 April 2014 on clinical trials on medicinal products for human use,
and repealing Directive 2001/20/EC (OJ L 158, 27.5.2014, p. 1).

(16) Regulation
(EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009
on European statistics and repealing Regulation (EC, Euratom) No 1101/2008
of the European Parliament and of the Council on the transmission of data
subject to statistical confidentiality to the Statistical Office of the
European Communities, Council Regulation (EC) No 322/97 on Community
Statistics, and Council Decision 89/382/EEC, Euratom establishing a
Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).

(18) Directive
2002/58/EC of the European Parliament and of the Council of
12 July 2002 concerning the processing of personal data and the
protection of privacy in the electronic communications sector (Directive on
privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

(19) Directive
(EU) 2015/1535 of the European Parliament and of the Council of
9 September 2015 laying down a procedure for the provision of
information in the field of technical regulations and of rules on Information
Society services (OJ L 241, 17.9.2015, p. 1).

(20) Regulation
(EC) No 765/2008 of the European Parliament and of the Council of
9 July 2008 setting out the requirements for accreditation and market
surveillance relating to the marketing of products and repealing Regulation
(EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

(21) Regulation
(EC) No 1049/2001 of the European Parliament and of the Council of
30 May 2001 regarding public access to European Parliament, Council
and Commission documents (OJ L 145, 31.5.2001, p. 43).